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Bequest (al‑Badhl)

Bequest (al‑Badhl)

Al‑Mughni, a text of Hanbali fiqh, states: ."If a person bequeaths money to another, it is not binding upon him to accept it, and it does not make the recipient mustati` (possessing istita'ah), irrespective of whether the bequeather is a relative or a stranger, regardless of whether the bequest suffices for the expenses of the journey and food. According to al‑Shafi`i, if the bequest is made by one's son, enough to enable him to undertake the Hajj journey, the Hajj becomes obligatory. This, because it enables him to perform the Hajj without having to bear a stranger's favour or without any accompanying encumbrance or harm.

According to the Imamiyyah school, if the bequest is an unconditional gift made without the provision of performing the Hajj by the recipient, the Hajj is not binding, irrespective of who makes the bequest. But if the bequest is made with the condition that one perform the Hajj, the acceptance of the bequest is binding and may not be rejected, even if the bequest is made by a stranger; since it makes him mustati ` to undertake the pilgrimage.

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