Can a testator revoke their bequest entirely or partially?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

Scholars have reached consensus that a testator has the right to revoke everything they bequeathed or any portion of it, with the exception debated concerning the bequest of manumission (Itaq). The majority rule that revocation is permissible even for the bequest of manumission. This position is supported by the narration from Umar (may Allah be pleased with him) who stated that a man may change whatever he wishes in his bequest. This view is also held by 'Ata, Jabir ibn Zayd, Al-Zuhri, Qatadah, Malik, Al-Shafi'i, Ahmad, Ishaq, and Abu Thawr.

Supporting text

Al-Sha'bi, Ibn Sirin, Ibn Shubrumah, and Al-Nakha'i maintain that a testator may revoke any part of the bequest except for the manumission, arguing that manumission after death cannot be revoked, similar to Tadbir (manumission upon death/contingent manumission), as it constitutes a post-mortem release of servitude.