What is the ruling on bequeathing the share of an heir who has no inheritable share?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a person bequeaths the share of someone who legally has no inheritance share—such as bequeathing the share of a son who is a slave or belongs to a different religion, or bequeathing the share of a brother who is legally veiled (mahjub) from inheriting—the legatee receives nothing. This is because the specified share upon which the bequest is based is non-existent in reality, and therefore its like is nothing.