Is it permissible to dispose of consideration received via inheritance, bequest, or spoils of war before taking possession?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 4

Open in Qurani

Primary text

When ownership is established through inheritance, bequest, or spoils of war, and the ownership is specified, disposition such as selling it before taking possession is permissible. This is because such property is not guaranteed under a contract of exchange, making it akin to sold goods already possessed. This is the established doctrine of Abu Hanifa and Al-Shafi'i, and no known opposition exists among others.