Does a bequest (*waṣiyya*) break an oath sworn against giving a gift?

General Chapter

Al-Mughni

Book of Oaths

Book 59 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a person swears not to give a gift and subsequently leaves property to the person in a bequest, the oath is not broken. A gift is a transfer of ownership during life, whereas a bequest only takes effect and transfers ownership upon acceptance after death.