To whom does the Zakat al-Fitr of a slave bequeathed (Wasiyya) belong if the legatee accepts or the testator dies under specific circumstances?
Chapter on Zakat al-Fitr
Al-Mughni
Book of Zakat
Primary text
If a testator bequeaths a slave and dies before sunset, and the legatee accepts the bequest only after sunset, then in one view, the Zakat al-Fitr is upon the legatee. In another view, it is upon the heirs of the testator, depending on whether the bequeathed item transfers ownership upon death or upon acceptance. If the legatee dies before refusal or acceptance, and their heirs accept, in one opinion, the Fitr is on the testator's heirs because ownership transferred via acceptance. If the testator's death occurs after the sighting of Shawwal's crescent, the slave's Fitr is in the legatee's estate because the heirs accepted it on their behalf. If the death occurs before the sighting of Shawwal's crescent, the Fitr is on the heirs.
Supporting text
There are differing scholarly views on whether the ownership of the bequeathed item transfers upon the testator's death or upon the legatee's acceptance, which dictates who owes the Fitr. There are also two views regarding who owes the Fitr if the legatee dies before acceptance or refusal and the heirs accept afterwards.