One Who Makes a Bequest for Someone Who Dies Before Him

Harith narrates from Hazrat Ali (may Allah be pleased with him) regarding a man who made a bequest for someone, but the person for whom the bequest was made died before the one who made the bequest. He (Ali) said: The heirs of that person are entitled to the bequest.

Hafs says that I asked Amr (may Allah be pleased with him) about this matter. He replied that Hasan (may Allah have mercy on him) used to say that this bequest will go to the heirs of that person.

Abu Ma'shar narrates from Ibrahim that when a person makes a bequest of some wealth for someone and dies on the same day he made the bequest, then the bequest will return to the heirs (so that they may execute it). And when a bequest is made for someone and the person for whom the bequest was made dies, then his heirs will be entitled to the bequest.

Abu Qilabah says that a will is not valid for a deceased person.

Shu'bi says that a will is not valid for a deceased person.

Zuhri, regarding a person who makes a bequest but the one for whom the bequest was made dies before him, says: This bequest has no validity, because it is as if he has made a bequest for a dead person.

Hammad says regarding the person who made a bequest, and the one for whom the bequest was made dies before him, that the bequest becomes void. And if the one who made the bequest dies first, then the one for whom the bequest was made, then his heirs will be entitled to that wealth.