Does newly acquired wealth after making a will count toward the bequest?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

The prevailing scholarly opinion dictates that a bequest applies to all property the testator leaves behind, encompassing both pre-existing assets (talad) and subsequently acquired assets (mustafad). The third of the estate subject to bequest must be calculated based on the total inheritance. This view is held by Al-Nakha'i, Al-Awza'i, Malik, Al-Shafi'i, Abu Thawr, and the proponents of the School of Opinion (Ahl al-Ra'y). This rule applies whether the property was known to the testator at the time of the bequest or not.

Supporting text

A minority view, narrated from 'Aban ibn 'Uthman, 'Umar ibn 'Abd al-'Aziz, Rabi'ah, and Malik, holds that only assets known to the testator at the time of the bequest are included, except for an 'mudabbir' (a slave conditionally freed upon the owner's death), which is included regardless.