Islamic Fiqh > Inheritance and wasiya > Bequest in favor of an heir: wasiya li-warith
Bequeathing to one's own heir: the majority prohibition view and its exceptions, the third's path and lawful alternatives.
Contents
Updated on 31 August 2026 at 3:55 AM
Agreement of the scholars: the gift in favor of an heir becomes valid only if the other heirs ratify it after the death. Ibn Qudama: no wasiya to an heir unless the heirs allow it; if the rest of the heirs do not ratify it, it does not stand, without disagreement (Ibn al-Mundhir and Ibn Abd al-Barr: agreement of the scholars). The majority of the jurists of the great schools: the gift to an heir is suspended upon ratification; ratified after death, it passes; refused, it is returned (Ibn Rushd: agreement).
The gift to an heir is treated as a donation of the heirs to one of them: as such, it requires their consent after death, when their ownership of the estate takes shape. The motive of the restraint is the harm and discomfort some heirs would suffer if the testator favored one of them; this interest vanishes with the ratification, and the gift becomes like a gift made to a stranger.
Whoever bequeaths to an heir saying "if the heirs accept it, to him; otherwise, to such a one" or "in the way of Allah": the majority (Hanafis, Shafi'is, Hanbalis): without ratification, the wealth goes to the intended substitute destination. Ash-Shafi'i specifies that the gift then holds for the designated person as for any non-heir, and he extends the rule to the gift suspended upon an event ("if such a one dies before me, my gift to him goes to such another").
If one heir ratifies and the other refuses: each is treated according to his case. Example from the books: two sons, a gift of half to a stranger: if both ratify, the wealth divides into four quarters: two quarters to the legatee, two to the sons; if only one ratifies, the estate is set upon twelve shares: a quarter (three shares) to the ratifying one, a third (four shares) to the refusing one, and five remaining shares to the legatee (Shafi'is and Hanbalis). If the heirs ratify believing the gift small and discover it is large: with proof that they knew the amount, the ratification remains whole; otherwise, it binds only within what they knew, the refusing one swearing over the rest (Shafi'is).
Agreement of the four schools: the account is made only after the testator's death; neither acceptance nor refusal before has effect: refusing before then accepting after is valid by common agreement, likewise accepting before then refusing after. Hanafis, Malikis (one view), Shafi'is (one view) and Hanbalis: ownership of the gift is established by the acceptance after death, like a contract; detached products before acceptance (new fruit, newborn, gain) return to the heirs.
Bequeathing to one's own heir remains possible: obtain the written ratification of the other heirs after death, or choose a person outside the succession to prevent any family conflict.