What is the legal implication of heirs approving a bequest made to another heir?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the original bequest to an heir is considered fundamentally valid (the position of the majority), the approval by the other heirs constitutes mere execution or ratification, requiring only the heir's statement of approval, acceptance, or execution to bind the bequest. If the original bequest is considered fundamentally void (the position of the Hanbali school adherents and Zahiris), then the heirs' approval acts as a fresh gift (hiba), requiring the standard conditions of a gift, including offer, acceptance, and possession (qabd). If the approval is based on a gift and the approver retracts before possession is taken, the retraction is valid.