Is a bequest (wasiyya) made to a killer valid?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The bequest made to a killer is permissible. This view is held by Ibn Hamid, Malik, Abu Thawr, Ibn al-Mundhir, and the more apparent of the two opinions of Al-Shafi'i. The evidence provided is that a gift (hiba) to the killer is valid, and thus the bequest is also valid, similar to a dhimmi. Furthermore, a ruling by Ahmad concerning someone who accidentally wounded another person, where the wounded party forgave the assailant, stated that the compensation should be taken from one-third (of the estate), implying this is a valid bequest to a killer.
Supporting text
A dissenting opinion holds that the bequest is invalid. This is based on Ahmad's ruling that if a *mudabbar* (a slave designated for manumission upon the master's death) kills his master, his manumission is voided, and *tadbir* (manumission upon death) is a form of bequest. This view is held by Al-Thawri and the scholars of opinion (*Ashab al-Ra'y*), because killing prevents inheritance, which is more established than bequest, so preventing bequest is more appropriate. Another perspective suggests the validity depends on timing: if the bequest was made after the act of wounding, it is valid; if it preceded the killing, the subsequent killing voids it, reconciling two apparent rulings from Ahmad.