Is a bequest (Wasiyyah) valid for a dog whose possession is permissible?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
A bequest concerning a dog whose keeping is permissible is valid because it constitutes a transfer of possession without compensation. The Hanafi school affirms this validity. This is because, unlike a sale, no compensation is involved, and if compensation were involved, it would be forbidden due to the inherent nature of the dog.
Supporting text
The Qadi stated that the bequest is invalid because it is an act of ownership transfer during life, making it analogous to a sale. Two opinions exist among the companions of Al-Shafi'i mirroring these two views.