Book of Bequests
Introduction
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Book of Bequests
It is recommended for anyone who leaves behind ample wealth to dedicate one-fifth of his estate in a bequest. A bequest of more than one-third to a non-heir is impermissible, and no share may be given to an heir at all, unless the other heirs ratify it after the testator’s death—in which case it becomes valid and is carried out.¹

The bequest of a poor person whose heirs are in need is discouraged. If a person has no heirs, however, he may bequeath his entire estate. Should the combined bequests exceed one-third, they are reduced in proportion to that limit.

If the testator makes a bequest to someone who is an heir at the time, but by the time of death that person is no longer an heir, the bequest is valid; the reverse is also true. The legatee’s acceptance is only considered after the testator’s death—even if a long time passes—and ownership is established at that moment. Once the beneficiary has accepted, any later attempt to renounce the bequest is void.²

The testator may revoke a bequest. Thus, if he states, “If Zayd arrives, then what I have bequeathed³ to ʿAmr shall be his,” and Zayd arrives during the testator’s lifetime, the bequest passes to Zayd; if Zayd arrives after the testator’s death, it remains with ʿAmr.

All obligatory liabilities—debts, an outstanding pilgrimage, and the like—are to be settled from the entire estate after death, even if no bequest has been made for them. If the testator said, “Settle my obligations from my one-third,” the liabilities are paid from that portion first; whatever remains of the third goes to the voluntary beneficiary, and if nothing remains, the voluntary bequest lapses.