If a person makes a will that something from his estate is to be given to an individual and the latter dies before he can accept or reject it, his heirs can accept the property as long as they have not rejected the will. However, this rule (ḥukm) applies when the testator does not retract his will; if he does retract it, they will have no right over the property. [1] Ruling 2091 provides further clarification of this term: it refers to someone who spends his wealth in futile ways.
[2] As mentioned in Ruling 6, the term ‘problematic’ (maḥall al‑ishkāl) amounts to saying the ruling is based on obligatory precaution. [3] Maẓālim refers to property which has been unrightfully or unknowingly taken. [4] This refers to the maximum amount of one’s estate over which he has discretion in a will for it to be disposed of in accordance with his wishes after his death.
[5] An avowal in Islamic law is when someone admits to a right to his own detriment or denies a right for himself over someone else. [6] See Ruling 2045, condition 4. [7] As mentioned in Ruling 103, the ‘People of the Book’ are Jews, Christians, and Zoroastrians. [8] Dhimmīs are People of the Book who have entered into a dhimmah treaty, i.e. an agreement that gives them rights as protected subjects in an Islamic state.
CHAPTER THIRTY-EIGHT » Inheritance (Irth) CHAPTER THIRTY-SIX » Charitable Endowment (Waqf) العربية فارسی اردو English Azərbaycan Türkçe Français