When does ownership vest in the legatee upon acceptance?
General Chapter
Al-Mughni
Book of Bequests
Primary text
In the correct opinion within the Hanbali school, ownership vests in the legatee from the moment of acceptance. This is the view held by Malik and the scholars of Iraq, and a narration from Al-Shafi'i supports it. This means that the transfer takes effect upon the completion of the required cause (acceptance).
Supporting text
An alternative view, supported by Al-Khattab and seemingly the established opinion of Al-Shafi'i, posits that upon acceptance, it is determined that ownership vested from the moment the testator died. This is argued because that which is obligated to transfer upon acceptance must transfer from the source of the obligation at the time of the initial bequest, similar to how gifts and sales operate. Additionally, this prevents ownership from vesting in the heirs before the bequest is executed, in accordance with the verse concerning distribution after bequests and debts (Quran 4:11).