What is the ruling if a non-believer, bequeathed a slave, converts to Islam after the testator's death but before accepting the bequest?
General Chapter
Al-Mughni
Book of Bequests
Primary text
According to scholars who hold that ownership is not established until acceptance, the bequest is void because it is impermissible for ownership of a Muslim to be initiated in favor of a non-believer. However, those who maintain that ownership is established immediately upon death rule the bequest is valid, as the conversion occurred after ownership had already been established by death, meaning the individual owned by the bequest was Muslim from the moment of the testator's death.
Supporting text
An alternative view suggests the bequest is also invalid, reasoning that the cause (the conversion) that establishes ownership follows a mechanism (the bequest) which, had the ownership not been established by death first, would otherwise prevent the initial establishment of ownership for a Muslim slave in this manner.