When a Muslim bequeaths generally to the people of his village or relatives, do non-Muslims included in that general wording benefit?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a Muslim bequeaths using general wording to the people of his village or relatives, which includes both Muslims and non-Muslims, the bequest applies exclusively to the Muslims. This is supported by analogy with the general wording of the obligatory shares in inheritance decreed by Allah (Quran 4:11), where non-Muslims are excluded when the deceased is Muslim. The apparent state of the Muslim suggests he does not intend for non-Muslims due to religious enmity and lack of connection, which also prevents inheritance and obligation of support for their poor. Consequently, they are excluded from the general wording in matters of inheritance and, analogously, in bequests, as the bequest is treated similarly to inheritance.
Supporting text
Al-Shafi'i holds that non-Muslims are included because the wording generally covers them, and similarly, a non-Muslim's general bequest to his village or relatives includes Muslims. If the Muslim explicitly names them, they enter into the bequest. If the entire village or all relatives are non-Muslims, they are included because excluding them would nullify the entire wording. If there is one Muslim and the rest are non-Muslims, they are included because excluding them involves contradicting the general wording and interpreting a plural term as singular. If the majority are non-Muslims, the apparent view of Al-Kharqi supports that the bequest is for Muslims alone, as the wording can be applied to them, even if it means excluding the majority.