What is the implication for establishing ownership and resulting legal consequences when the legatee's heir accepts a bequest after the legatee's death?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the legatee dies and their heir accepts, ownership is established for the accepting heir retroactively from the time of the bequest, not through the deceased legatee's estate. Consequently, the deceased legatee's debts are not settled, their bequests are not executed, and any person designated for manumission contingent upon the legatee's ownership is freed by the accepting heir, with the Wala' belonging to the accepting heir, not the deceased legatee.
Supporting text
On the alternative view, it is established that ownership vested in the legatee and subsequently transferred to the heir. Consequently, the preceding rulings are reversed: the legatee's debts are paid, their bequests are executed, those designated for manumission are freed, and the Wala' belongs exclusively to the male heirs of the legatee.