If the legatee dies before acceptance or refusal of the bequest, what is the ruling regarding acceptance by the legatee's heir?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the legatee dies before acceptance or refusal, their heir may accept the bequest. If the heir accepts, they own the bequeathed item and its offspring. If the deceased legatee was one whom the accepting heir would have inherited from had the bequest been accepted before death, that heir is freed, but they inherit nothing from their son (the deceased legatee).
Supporting text
On the alternative view, the female slave becomes an Umm Walad to the heir, and the child inherits from their father (the deceased legatee). If the heir who accepts would have been barred from inheritance by the deceased legatee, that bar is voided. Many Shafi'i scholars hold that the child inherits nothing because establishing their inheritance would invalidate the acceptance by the heir (due to potential circularity or barring the acceptor), resembling an heir admitting someone who would bar them from inheritance, which is deemed void.