is permissible in the Arabic language. Allah, Exalted is He, says:

“Be just; that is nearer to righteousness.” [al-Ma'idah 5:8]

Thus, His saying, “that,” refers to the justice understood from the word “Be just.” So, if a testator bequeaths one-third of his estate and subsequently acquires wealth, it is included in the bequest, because the relevant one-third is that which exists at the time of death, not at the time the bequest is made.

For example, a man bequeaths one-third of his estate when he possesses three thousand; at the time of the bequest, one-third is one thousand. But then Allah enriches him, and at his death he possesses three million. The bequest will therefore be one million. This is why he said, “and subsequently acquires wealth, it is included in the bequest.”

His statement, “even blood money,” indicates a difference of opinion, though it is a weak one. It has been said that blood money is not included in the bequest, since it only becomes due after his death and thus belongs exclusively to the heirs. Those who hold that it is included in the bequest say: the beneficiary of the bequest becomes entitled to the testator’s wealth, and the testator’s death is a condition for this entitlement to become established. As for the cause establishing it—the wrongful act—it preceded death, since the wrongful act occurred before death. This is the correct view: blood money is included in the bequest.

For example, a man bequeaths one-third of his wealth when he possesses two hundred thousand, then is killed accidentally and becomes entitled to blood money of one hundred thousand. The total will then be three hundred thousand, and the beneficiary of the bequest will receive one hundred thousand. If we were to say that the blood money is not included, the beneficiary would receive one-third of the two hundred thousand—that is, sixty-six and two-thirds thousand. But we say that he receives one hundred thousand, because the blood money is considered part of his wealth, as it is compensation for his life.

Accordingly, when judges record the heirs’ waiver of the blood money, they should first ask whether he made a bequest or not. If he had made a bequest, then it is not