Is a bequest validly entrusted to a non-Muslim?
General Chapter
Al-Mughni
Book of Bequests
Primary text
A bequest from a Muslim is not validly entrusted to a non-Muslim (Kafir) based on the lack of jurisdiction over a Muslim and the lack of capacity for testimony or justice. This is analogous to the insane person.
Supporting text
Regarding a bequest made by a non-Muslim: If the non-Muslim is not just according to the standards of his own religion, the bequest is invalid, similar to a sinful Muslim (Fasiq). If the non-Muslim is just in his religion, there are two opinions: one holds that it is valid because he can be entrusted due to kinship ties, like a Muslim; the other holds that it is invalid because he is considered sinful (Fasiq), preventing the validity of the bequest, similar to a sinful Muslim. A bequest made by a non-Muslim to a Muslim is valid, unless the estate consists of alcohol or swine.