What is the ruling regarding the validity of a minor's will (*wasiyyah*) based on age?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The established ruling transmitted from Ahmad, according to the narrations of Salih and Hanbal, is that the will of a child who has reached ten years of age is deemed effective (*tahuzzu wasiyyatuhu*) upon reaching that age. It is a matter where the school of thought generally agrees that the will of one aged ten is valid, while the will of one under seven years is invalid. Regarding the age between seven and ten, there are two differing narrations. The main supporting evidence is the narration that a boy from Ghassan, aged ten, made a will benefiting his maternal uncles, and when this was presented to Umar ibn al-Khattab (may Allah be pleased with him), he ratified the will. Additionally, a well-known incident involves a pubescent, non-pubescent boy with wealth whose only relative present was a female cousin; Umar ordered him to bequeath to her, and the estate was subsequently valued highly, an action that spread without repudiation. The rationale is that a will is a voluntary gift (*sadaqah*) whose reward accrues to the testator after he is independent of its possession, causing no harm in this life or the next, unlike immediate gifts or manumission which divest him of necessary assets.
Supporting text
There is an alternative view stating that the will is not valid until the minor reaches puberty. Another opinion, held by Ibn Abi Musa, asserts that the will of a male or female minor under ten years is invalid, while that exceeding ten is valid based on the primary narration. The view of Al-Qadi and Abu al-Khattab is that the will of a discerning child is valid. This aligns with the position held by 'Umar ibn 'Abd al-'Aziz, Sharih, 'Ata', al-Zuhri, Iyas, 'Abdullah ibn 'Uthman, al-Sha'bi, al-Nakh'i, Malik, and Ishaq (who specified age twelve). A dissenting view, attributed to Ibn 'Abbas, states the will is invalid until adulthood, supported by Al-Hasan, Mujahid, and the Ashab al-Ra'y (Hanafi scholars). Al-Shafi'i holds two distinct opinions reflecting these two main views. The objection raised against validity is that the will involves a gratuitous transfer of property, which is invalid for a minor similar to an immediate gift or manumission, and because his admission is not accepted. The supporting counter-argument concludes that if the will aligns with what is legally correct for an adult, it is valid, a principle stated by Sharih and 'Abdullah ibn 'Uthman.