What is the ruling on a conditional bequest that is not fulfilled?
General Chapter
Al-Mughni
Book of Bequests
Primary text
A conditional bequest (wasiyyah muqayyadah) is invalidated if the condition specified for its activation does not occur. This applies, for example, if one states, 'If I die from this illness, or in this town, or during this journey, two-thirds shall go to the poor,' and the person subsequently recovers from the illness, returns from the journey, or leaves the town before death. This opinion is held by Ahmad, Al-Hasan, Al-Thawri, Al-Shafi'i, Abu Thawr, and the proponents of the opinion (Ahl al-Ra'y). The evidence for invalidation is that the bequest is tied to a condition that was not met, similar to a bequest whose beneficiary dies before the testator, or if the testator had not written the document at all.
Supporting text
Malik holds that if the statement was merely verbal and not written, it is treated as stated above (invalid if the condition is not met). However, if the testator wrote the document and later recovered from the illness but then affirmed the document, the bequest remains in effect unless he explicitly revokes it.