Book of Bequests

He was asked—may Allah Most High have mercy on him:

Concerning someone who said during his final illness, “This money is to be paid to the orphaned children of so-and-so,” when it was unclear whether this was an acknowledgment of their entitlement or a bequest.

Answer

He replied:

If there is contextual evidence clarifying whether he intended an acknowledgment or a bequest, it should be acted upon. If his intention remains unknown, property deemed to belong to him cannot be removed from his ownership on the strength of ambiguous wording. Rather, the statement is to be treated as a bequest.

He was also asked:

A man holding money for safekeeping, whose depositor fell ill, asked him, “Does your son not know about this deposit?”

The depositor replied, “So-and-so, the captive, will return with no means of supporting himself,” intending thereby that the money should be set aside for him, but saying nothing further. If the amount falls within one-third of his estate, may the custodian spend it on that captive’s needs?