Is the sale of the bequeathed item considered revocation?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

The majority view holds that selling the bequeathed item constitutes revocation because it involves removing ownership from the testator, similar to gifting it away.

Supporting text

The view attributed to the Ashab al-Ra'y is that selling the item is not revocation because an exchange (something taken in its place) has occurred, unlike a gift. However, this is refuted by the principle that removal of ownership is the operative factor, regardless of exchange.