so it is neither prudent nor sound judgment to leave one’s will unwritten, whether in health or in illness, although the matter is more pressing during illness than in health, since illness is one of the causes of death. This was the view adopted by Abū ʿImrān al-Fāsī.

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The Messenger of Allah’s words, peace and blessings be upon him, “with his will written and kept with him,” mean that it should be written and duly witnessed. If, however, he wrote it without having it witnessed, and it was found in his possession after his death, its provisions are not to be carried out, even if it is in his own handwriting. He may have written it merely to consider the matter, without yet having resolved to put it into effect. Reports from Mālik and others state this explicitly.

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If he writes his will and has it witnessed, it must be either unrestricted or tied to a particular illness, journey, specified place or time, or something similar. If it is unrestricted, with no such qualification, and he merely says, “If I die,” “When I die,” “Whenever I die,” or similar general, unrestricted wording, then its provisions are to be carried out by agreement, whether he kept it in his own possession or deposited it with someone else. The same applies if he had his bequest witnessed without drawing up a written document. If, however, he deposited the will with someone else and then retrieved it, and it was found in his possession, it is invalid by agreement, whether he retrieved it while healthy or while ill.

If it was tied to a particular journey, illness or something similar, and he died from something other than that illness or outside that particular journey, then either he had drawn up a written document to that effect or he had not. If he had not drawn up a written document but had merely had the bequest witnessed, Mālik’s reported position is consistent: the bequest is not to be carried out. If he had drawn up a written document, then either he kept it in his own possession or deposited it with someone else.

If he kept it in his own possession and did not entrust it to anyone else, Mālik’s reported positions differ: in one he allowed it, and in another he invalidated it. Both positions are found in al-Mudawwana. But if he had deposited it