How is a general bequest handled when the testator is a non-Muslim?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a non-Muslim bequeaths generally, his bequest encompasses the people of his own religion because the wording applies to them, and the context of his condition implies their intention, thus resembling a Muslim's bequest which includes people of his religion. Whether Muslims are included in his bequest is subject to context. If there is evidence indicating their inclusion, such as only Muslims existing in the village, or only one non-Muslim with the rest being Muslims, they are included.
Supporting text
If no such contextual evidence exists, there are two views: one holds that Muslims are not included, paralleling the exclusion of non-Muslims from a Muslim's bequest. The second view holds that they are included because the general wording covers them, and they have a stronger claim than others, so the wording should not be diverted from its primary meaning. If a non-Muslim from a religion other than the testator's exists in the village, he is excluded by the context of the testator's condition, lacking the priority Muslims have in the Muslim's bequest. Another possibility is that he is included, based on the permissibility of inheritance between non-Muslims of differing religions.