Is a Muslim's bequest (wasiyyah) valid when made to a non-Muslim subject (Dhimmi)?

Primary text

The bequest of a Muslim to a Dhimmi is valid. This view is held by Shurayh, al-Sha'bi, al-Thawri, al-Shafi'i, Ishaq, and the Companions of Ray' (Ashab al-Ra'y). Evidence cited includes the interpretation of Quran 33:6, {except that you do good to your immediate relatives}, by Muhammad ibn al-Hanafiyyah, 'Ata', and Qatadah, as referring to the bequest of a Muslim to a Jew or Christian. Furthermore, the ruling is supported by analogy: since a gift (hibah) from a Muslim to a Dhimmi is valid, the bequest must also be valid, similar to a bequest made to another Muslim. A documented precedent exists where Safiyyah bint Huyayy bequeathed one-third of a sum to her Jewish brother who refused conversion so he could inherit.