What is the status of the bequeathed property between the testator's death and the legatee's acceptance?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If we affirm that ownership does not vest in the heir immediately, then the property remains the property of the deceased, similar to a situation where the deceased had outstanding debts. Ownership remains with the deceased for the purpose of covering funeral expenses, burial, and paying debts. A new form of ownership may establish itself for the deceased if the legatee accepts or rejects the bequest, such as when property secured by a net catches game after death, allowing debts and bequests to be settled and funeral rites to be performed. If the legatee rejects the bequest, ownership transfers to the heirs. If the heir is the legal heir to the property (such as a son inheriting from the mother who bequeathed the husband to a stranger), ownership transfers to the son at the time of acceptance, and the husband is not freed due to the bequest.
Supporting text
A less common opinion held by Al-Shafi'i suggests that ownership in the bequest is established upon death, and the ruling is applied even before acceptance. However, the sound view is that since the bequest is a transfer of specific property to a specific person, it requires acceptance, and ownership cannot precede its cause. Furthermore, ownership in the past cannot be suspended upon a future condition.