Is ratification or rejection of a bequest effective before the testator's death?
General Chapter
Al-Mughni
Book of Bequests
Primary text
Ratification (Ijazah) and rejection (Radd) of a bequest are only considered valid after the death of the testator. If heirs ratify a bequest during the testator's life, and then later reject it, the rejection is valid. This applies even if the initial authorization was made while the testator was healthy or during their terminal illness. This view is held by Ahmad (as narrated by Abu Talib), Ibn Mas'ud, Sharih, Tawus, Al-Hakam, Al-Thawri, Hasan ibn Salih, Al-Shafi'i, Abu Thawr, Ibn al-Mundhir, Abu Hanifa, and his companions. The evidence is that the right belongs to the heirs, and when they consent to forego a right to something they do not yet own, it is not binding upon them. This is analogous to a woman forfeiting her dower before marriage or a pre-emptive claimant forfeiting their right before a sale. Furthermore, if rejection of the bequest is invalid during the testator's lifetime, then ratification of the bequest is likewise invalid before the bequest takes effect.
Supporting text
A differing opinion holds that if the heirs ratify the bequest (either entirely or partially, even if it involves waiving their inheritance rights during the testator's life), this action is binding upon them. This view is attributed to Al-Hasan, 'Ata, Hammad ibn Abi Sulayman, 'Abd al-Malik ibn Ya'la, Al-Zuhri, Rabi'ah, Al-Awza'i, and Ibn Abi Layla. Malik stated that if authorization occurred during the testator's health, the heirs may revoke it, but if it occurred during the illness when the testator was restricted from managing their property, the authorization stands as binding upon the heirs.