This entry belongs to the Shahrur glossary. In Shahrur’s view, the bequest is a foundational principle in the transfer of wealth after death, not an abrogated ruling nor a secondary appendage to inheritance.
Meaning in Shahrur
The bequest is a sphere of choice and special justice. It allows a person to take into account the circumstances of the family, kinship, weakness, and need, and to determine shares according to personal knowledge before the general law of inheritance comes into effect in the absence of a bequest.
Its Function in Legislation
- It precedes inheritance in functional order.
- It achieves a special justice that general division does not always achieve.
- It extends to relatives, orphans, the poor, and vulnerable offspring.
- In Shahrur’s view, it is not confined by a fixed ceiling such as one-third as an eternal ruling.
Foundational Links
- The bequest is a special principle and inheritance is a general fallback law
- The circles of near kin in the bequest
- Categories of bequest beneficiaries who are not heirs
- The bequest comes before inheritance
- Al-Baqarah 180
Limits of the Reading
The bequest here is not a field for playing with rights, but rather a domain of special knowledge, piety, and specific justice that operates before general division.