What is the legal ruling regarding bequests suspended upon death, such as saying, 'When I die, give so-and-so such an amount' or 'Manumit so-and-so'?
General Chapter
Al-Mughni
Book of Bequests
Primary text
Bequests suspended upon death, such as stating, 'When I die, give so-and-so such an amount' or 'Manumit so-and-so,' are judged according to the general rulings of all other bequests, meaning there is equality between the earlier and later instructions. All such suspended bequests become binding at the moment of death, thus rendering them equal in priority.
Supporting text
The disagreement arises specifically concerning the priority of manumission (Ataq) among these suspended bequests. This contrasts with immediate gifts (Ataaya Munjazah), where the first one is executed before the later ones because immediate gifts become binding through the action taken during life, whereas suspended gifts become binding only upon death, leading to their equal standing.