Is a bequest valid if made to an indefinite and uncountable group, such as a large tribe, the poor, or the needy?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

The bequest is valid in such cases, and fulfilling the bequest by giving it to one member of that group suffices. This view is held by Al-Shafi'i, according to one of the two reported opinions, though he stipulated giving it to three members as the minimum number constituting a group. The evidence for validity is that any bequest valid for a definite, countable group is also valid for an indefinite group like the poor. Furthermore, bestowing wealth upon the poor, even if they are rich, is considered an act of piety (qurbah), similar to when the Prophet (peace be upon him) encouraged giving gifts even to the wealthy. The justification for distributing the entire amount to a single recipient is based on the established rulings concerning the distribution of Zakah.

Supporting text

Abu Hanifa invalidates the bequest to an uncountably large tribe because it includes both the rich and the poor. If the bequest benefits the rich, it ceases to be an act of piety and becomes a right belonging to a human being (haqq ladami). If ambiguity enters into human rights, the bequest is invalid, similar to an acknowledgment made to an unknown person.