If the legatee dies, does the heir stand in their place for acceptance or refusal?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the principle that the bequest is not voided by the legatee's death is established, then the heir stands in place of the legatee for acceptance or refusal because every right whose holder dies, but is not voided by death, means the heir occupies the position of the deceased. Consequently, if the heir rejects the bequest, it is nullified; if the heir accepts it, it is valid, and ownership is established thereby.