Is the denial (juhud) of a bequest (wasiyyah) considered a revocation?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

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.