What is the ruling on rejecting a bequest (Wasiyyah) when the rejection is valid?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

When a bequest is validly rejected, the bequest is nullified, and its property reverts to the estate, belonging to all heirs. This is because the default status is their right to the property, and the bequest was an exception; thus, when the bequest is voided, the status quo ante returns, as if the bequest never existed. If the heir specifies the rejection to benefit a single heir while intending to exclude the others, this specification is invalid, and the property remains for all heirs. This is because the rejection is merely refraining from ownership acquisition; therefore, the previous state of joint ownership is maintained. Furthermore, since the heir cannot transfer the property to a non-heir, they cannot transfer it to one heir to the exclusion of others.