nor expelled you from your homes—that you show them kindness and deal justly with them; indeed, Allah loves those who act justly.

A Muslim’s bequest to a specific non-Muslim is therefore valid, as the texts indicate. However, a bequest to an unspecified group of non-Muslims is not valid—such as saying, “I bequeath to the Jews, or the Christians, or to their poor.” Likewise, it is invalid to bequeath to a particular non-Muslim anything that he is not lawfully allowed to own or be given control over, such as a copy of the Quran, a Muslim slave, or weapons.

A bequest is valid for a fetus whose existence can be verified before the bequest was made. This is established if the mother gives birth within six months of the bequest when she has a husband or master, or within less than four years if she has neither; such a fetus is entitled to inherit, so a bequest to it is all the more valid. If the child is born dead, the bequest is void.

Conversely, a bequest is invalid for a fetus that did not yet exist when the bequest was issued, as in the statement, “I bequeath to the child this woman will conceive,” for that is a bequest to a non-existent being.

If someone bequeaths a large sum of money for pilgrimage to be performed on his behalf, the fund is to be used for one pilgrimage after another until it is exhausted. If the amount is small, one pilgrimage is performed from whatever point the money will cover. Should he stipulate that the entire large sum be spent on a single pilgrimage, then it is to be used for just one pilgrimage, for his intent in that case is to benefit the pilgrim. In any of these scenarios, neither the testator himself nor an heir may perform the pilgrimage on his behalf, because he explicitly intended someone other than them.

A bequest is also invalid when made to a recipient incapable of legal ownership, such as a jinni, an animal, or a deceased person.