What is the ruling regarding a bequest that has become obligatory from the testator's side but the legatee has the option to accept or refuse?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The bequest becomes binding from the side of the testator. If the legatee dies, their option is voided, and the bequest enters their ownership, similar to when someone purchases an item with a condition of option for themselves, and they die before that period expires. The evidence against nullification upon the legatee's death is that it is a contract binding on one party, so it is not voided by the death of the one holding the option, like a mortgage or a sale where an option is stipulated for one party. Furthermore, it is a contract not voided by the death of the offeror, so it is not voided by the death of the other party.
Supporting text
This differs from a gift or a sale before acceptance because a gift and sale are permissible to both parties and are voided by the death of the offeror. Comparing it to options is invalid because the option itself is not voided; the contract remains binding. Therefore, the view of the People of Opinion is analogous in this specific instance. However, the counter-argument is that since the contract requires the acceptance of the acquirer, it is not binding before acceptance, similar to sale and gift.