the death of the testator. Since the testator’s death occurs only once, with no sequence of precedence or delay, they all acquire ownership of the property bequeathed to them simultaneously—at the time of the testator’s death.
One might ask: Why do you not say that the second bequest abrogates the first, and the third abrogates the second, such that the first and second beneficiaries are deprived of the bequest and the third is given the three thousand that was bequeathed to him?
We answer: This is not correct, because all of them become entitled to it concurrently; therefore, we do not give some of them precedence over others. Yes, if the testator says, “My third bequest supersedes the preceding bequests,” then it is acted upon, since the testator has the right to revoke his bequest.
For this reason, a problem now arises with people’s wills. You may find that a man makes a bequest and keeps it in a notebook, then forgets it. He later makes another bequest which, if added to the first, would exceed one-third, whereas either one of them on its own could be carried out. Moreover, the conditions stipulated in them may differ: for example, he may say, “This is for the poor,” “This is for students of knowledge,” “This is for mosques,” and “This is for repairing roads.” This creates a difficulty for the heirs.
Therefore, we say that students of knowledge should advise people that, when one of them wishes to make a bequest, he should say: “This bequest supersedes what preceded it.” His statement should then be followed, because revoking a bequest is permissible. Thus, whenever a person writes a bequest, he should be mindful of this, so that he does not later leave the beneficiaries and heirs in uncertainty. In this way, he puts himself and others at ease.
“He does not have the right to revoke it. Acceptance of it is considered when it comes into existence, and ownership is thereby established. A bequest, however, is different.”
His statement, “He does not have the right to revoke it,” means that he does not have the right to revoke