Validity of bequeathing a specific, definite item (like a garment, house, or a fixed sum of money) to a slave.

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 4 · Bab 1

Open in Qurani

Primary text

The bequest of a specific item of wealth to a slave, such as a garment, a house, or one hundred dirhams, is void according to the majority of jurists, including Al-Thawri, Ishaq, and the *Ashab al-Ra'y* (Hanafi school). The reasoning is that the slave becomes the property of the heirs upon the testator's death, rendering the bequest to him as a bequest to the heirs of what they already inherit, thus having no effect.

Supporting text

A narration from Ibn Abi Musa attributes validity to this bequest, aligning with Malik and Abu Thawr. Hasan and Ibn Sirin permit it if the heirs consent, otherwise they reject it.