Is it permissible to accept a bequest (wasiyyah)?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

Accepting a bequest is permissible. This is established because some Companions accepted bequests made to them by other Companions. For instance, Abu Ubaidah appointed Umar as his executor when crossing the Euphrates. Six Companions, including Uthman, Ibn Mas'ud, Al-Miqdad, Abd al-Rahman ibn Awf, Mut'im ibn al-Aswad, and another, were appointed executors by Al-Zubayr. Ibn Umar was also reported to have been an executor for a man. Ibn Mas'ud's bequest stated that in case of his death from his current illness, his executorship reverted to Allah, then to Al-Zubayr ibn al-Awwam and his son Abdullah. The permissibility is based on the premise that executorship is a form of agency (wakalah) and a trust (amanah), similar to a deposit (wadi'ah) and agency during life.

Supporting text

The established view within the school of Ahmad suggests that refraining from accepting executorship is preferable due to the potential risk involved, as safety is prioritized above all else. This parallels the preference for avoiding picking up stray items (iltiqat) and delaying the assumption of Ihram until after the Miqat, all in the pursuit of safety and avoidance of danger.