The Bequest of a Disbeliever and a Muslim, and the Bequest to a Slave with Money
Machine translationRead the Arabic original
The questioner:
Is a bequest from a disbeliever to a Muslim valid, and likewise from a Muslim to a disbeliever, and from a disbeliever to a disbeliever?
The Shaykh:
What you heard at the beginning of the chapter is that a Muslim’s bequest to a disbeliever is not valid?
The questioner:
It is not valid.
The Shaykh:
His bequest to a Muslim who is an open sinner is not valid; his bequest to a Muslim open sinner is not valid. How so? It is valid for a disbeliever, but the reverse, which is that a disbeliever bequeaths to a Muslim, is not. If a man bequeaths money to his slave, does this lead to his manumission? A man bequeaths money to his slave? No, if it is a specific amount, no, it is not valid, because it is not valid to bequeath his money to his money. But if it is a share, then it is valid, because it includes his neck, because he is part of the wealth, so he is manumitted from it to the extent of the bequest, as mentioned previously. Yes, they asked us about something we explained.
Is a bequest from a disbeliever to a Muslim valid, and likewise from a Muslim to a disbeliever, and from a disbeliever to a disbeliever?
The Shaykh:
What you heard at the beginning of the chapter is that a Muslim’s bequest to a disbeliever is not valid?
The questioner:
It is not valid.
The Shaykh:
His bequest to a Muslim who is an open sinner is not valid; his bequest to a Muslim open sinner is not valid. How so? It is valid for a disbeliever, but the reverse, which is that a disbeliever bequeaths to a Muslim, is not. If a man bequeaths money to his slave, does this lead to his manumission? A man bequeaths money to his slave? No, if it is a specific amount, no, it is not valid, because it is not valid to bequeath his money to his money. But if it is a share, then it is valid, because it includes his neck, because he is part of the wealth, so he is manumitted from it to the extent of the bequest, as mentioned previously. Yes, they asked us about something we explained.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/104 شرح زاد المستقنع/ صالح الفوزان — youtube.com (59:00)
The Arabic text is a machine transcription of the audio recording.