The disposition of a conditional bequest when the testator dies before the condition is fulfilled (the absent person's arrival)
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the testator dies before the absent person arrives, the bequest belongs to the present legatee, whether the absent person arrives afterward or not. This is because the bequest was established upon the fulfillment of its condition, and it does not transfer away from the established legatee, similar to a case where the condition was never met.
Supporting text
There is an alternative view suggesting that if the absent person arrives after the death of the testator, the bequest belongs to the absent person because the testator made the bequest conditional upon his arrival, and that condition was subsequently met.