Distribution of a bequest made to a fetus when the mother delivers twins (male and female)?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

When a person bequeaths to a woman's fetus, and she delivers a male and a female, the bequest is divided equally between them. This ruling is based on the principle that a bequest (*wasiyya*) in this context is analogous to a gift (*hibah*), similar to if the bequesters had gifted something to them after their birth. If the testator established a preference (*tafdil*) between the offspring, the distribution follows his statement, similar to the ruling concerning a charitable endowment (*waqf*).