What is the ruling on a bequest when the object of the bequest undergoes a change that removes its original designation during the testator's lifetime, without the testator's action?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

The bequest is void if an event occurs that removes the original name or designation of the bequeathed property during the life of the testator, without the testator's own act. For example, if grain falls onto the ground and becomes cultivated land, or if a house collapses and becomes empty space, the bequest is nullified because the remaining substance no longer fits the original name. This ruling is established because the entitlement at the time of realization pertains to the named entity as it existed.