Is the will (*Wasiyyah*) of a mute person valid if their gesture is understood?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

The will of a mute person (*Akhras*) is valid if their gesture is understood. This is because the gesture is established in place of their speech concerning matters such as divorce and mutual cursing. This opinion is held by Abu Hanifa, Al-Shafi'i, and others. The legal basis is that the gesture serves as a substitute for explicit utterance when speech is impossible.