Is revocation permissible for a bequest of manumission (Itaq)?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

The majority of scholars permit revocation of the bequest of manumission. The evidence for this is that it remains a bequest, thus granting the testator the right to revoke it, just like other bequests. Furthermore, it is considered a gift whose effect is realized upon death, making it revocable before its effect is finalized, analogous to a gift that requires possession before the giver can revoke it prior to the recipient taking possession.

Supporting text

A minority view holds that revocation is not permitted for the bequest of manumission because it is considered a release executed after death, similar to Tadbir (contingent manumission). Tadbir cannot be changed because it is an attachment contingent upon a condition, much like attaching a stipulation to an act during the testator's lifetime.