What is the ruling on a bequest to a non-heir relative if a potential heir dies before the testator?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a testator made a bequest to his full brother, his maternal half-brother, and his paternal half-brother, and the testator had a son who subsequently died before the testator, the bequest to the full brother and the maternal half-brother is invalid. The bequest to the paternal half-brother remains valid because he is a non-heir.
Supporting text
If the full brother died before the testator, the bequest to the paternal half-brother also becomes invalid because the paternal half-brother converts into an heir (warith) following the death of the full brother.