Book of Bequests

335 — They unanimously agree that a bequest made to parents who do not inherit from the testator, and to other relatives who likewise do not inherit, is valid.

336 — They unanimously agree that no bequest may be made in favor of an heir unless the heirs (1) themselves approve it.

337 — They unanimously agree that bequests are confined to one-third of the estate.

238 — They unanimously agree that agnatic succession (ʿaṣabah) is traced through the father; it is never traced through the mother.

339 — They unanimously agree that if a man bequeaths one-third of all his property to someone and part of the estate is subsequently lost, the loss is borne jointly by the heirs and by the beneficiary of the third.

340 — They unanimously agree that if a man designates a specific item from his estate for someone and that item is later destroyed, the beneficiary has no claim on the remainder of the estate.

341 — They unanimously agree that when a man bequeaths the produce of his orchard, the use of his house, or the service of his slave, those dispositions are counted against the one-third limit (2).

342 — They unanimously agree that when a testator writes a document, reads it aloud to the witnesses, and affirms its contents, testimony based on that document is admissible.

343 — They unanimously agree that if a man, while in good health, makes a bequest to one of his heirs and acknowledges a debt in his favor, then later retracts the bequest, his retraction is valid; his retraction of the debt acknowledgement, however, is not accepted.

344 — They unanimously agree that the acknowledgement of a debt made by a sick person during his terminal illness in favor of a non-heir is valid, provided he had no outstanding debt while in good health.

345 — They unanimously agree that appointing a trustworthy, upright, free Muslim as executor is valid.

346 — They unanimously agree that if a man bequeaths a slave-girl to someone and then sells her, or bequeaths an item and then destroys it, gives it away, or donates it in charity, each of those acts constitutes a revocation of the bequest.