What is the ruling on someone who bequeathed one-third of his wealth to the as-yet-unborn grandchildren of some of his children, whose fathers had not yet reached puberty, knowing that the will was made during a death illness?
Scholars differ on the validity of a bequest to a non-existent entity. The majority of jurists hold that it is invalid, whereas the Malikis, and some within the Shafi'i and Hanbali schools, consider it valid. According to those who deem it valid, the bequeathed property is held in abeyance until despair of the child's existence is reached (i.e., upon the father's death). If the child is born alive, they are entitled to the bequest. If no child is born or if born dead, the bequest becomes null and void and reverts to the heirs of the testator.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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