Is the denial (juhud) of a bequest (wasiyyah) considered a revocation?
General Chapter
Al-Mughni
Book of Bequests
Primary text
In one legal opinion, the denial of a bequest does not constitute revocation. This view is held by Abu Hanifa, according to one narration. The rationale is that the bequest is a contract, and like other contracts, it is not invalidated merely by denial. The denial does not necessarily negate the intended conveyance of the bequest.
Supporting text
The second legal opinion holds that the denial is considered a revocation because it indicates the testator's lack of desire for the bequest to reach the legatee.