Does the legatee require acceptance to take ownership of a bequest?

Primary text

Ownership of a bequest does not vest in the legatee except through acceptance, according to the majority of jurists, provided the legatee is a specific, identifiable person capable of accepting. This is analogous to gifts and sales, as the bequest constitutes the transfer of property to an owner capable of possession. Jurists supporting this view hold that the acceptance validates the transfer. If the bequest is for a non-specific group, such as the poor, the needy, or groups that cannot be enumerated (like Banu Hashim or Tamim), or for a public interest like a mosque or Hajj, acceptance is not required. Such bequests become binding immediately upon the testator's death because requiring acceptance from every member of an unascertainable group is impossible, similar to endowments (Waqf). Furthermore, ownership does not establish itself for the beneficiaries until they take possession, and their taking possession substitutes for explicit acceptance.