the scholars; judgment is nevertheless awarded to the minor or the person of unsound mind, and his guardian does not swear an oath, as the scholars have expressly stated. Thus, if someone brings a claim against a minor or a person of unsound mind concerning an injury or an entitlement, judgment is not awarded to the claimant, nor does the minor or person of unsound mind swear an oath, even though an adult of sound mind would make his statement only under oath. There are analogous cases.

This concerns matters in which an oath is prescribed, either by scholarly agreement or according to one of the two scholarly opinions. How much more so, then, in the case of a bequest, for which the scholars have not mentioned requiring the beneficiary to swear an oath? Only some people have adopted this requirement.

The scholars agree that a bequest may be made to an unborn child, who becomes entitled to it upon being born alive. No Muslim has said that it must be withheld until the child reaches puberty. Nor does the child swear an oath. And Allah knows best.

He was asked:

Concerning a woman who made several bequests during her illness, including something for her husband and her brother. A long time later, she gave birth to a son, and subsequently died. Does this invalidate the will?

He replied:

Whatever exceeds one-third of the estate belongs to the heir, and no part of the orphaned child’s property may be given away gratuitously. As for the husband, who is an heir, the bequest to him is invalid because he is an heir. The bequest to the brother, however, is valid, because the presence of the son excludes him from inheritance, even though he was an heir when the will was made.

The bequests she made to her brother and the other beneficiaries must therefore be assessed. If one-third of the estate covers them, they are to be fulfilled; otherwise, that third is divided among them in proportion to their respective bequests.