One Who Makes a Bequest and Then Wishes to Change It

Abdullah bin Harith bin Abi Rabi’ah or Harith bin Abdullah bin Abi Rabi’ah narrates that I asked Hazrat Umar (may Allah be pleased with him) that the people of Yemen do this: a man makes a will and then changes his will. He replied: A man has the authority to change his will.

It is narrated from Mujahid that Hazrat Umar (may Allah be pleased with him) said: The slave whom a man frees during his terminal illness falls under the ruling of a bequest; if he wishes, he may also revoke it.

It is narrated from Ibn Jurayj that Ata said: A man can make whatever changes he wishes in his will, except for the emancipation of slaves.

Shaibani narrates that Hazrat Sha’bi said: A man can make whatever changes he wishes in his will, except for the emancipation of slaves.

It is narrated from Hakam that Ibrahim said: When a man makes many bequests and also frees his slave on the condition that if he dies, they will be free, then he cannot retract the emancipation of the slaves, because the emancipation of a slave is not like other bequests.

Hisham narrates that Hasan (may Allah have mercy on him) said: When a person makes a will, he can make whatever changes he wishes in his will. It was asked: Is the same ruling for the will of freeing slaves? He replied: The ruling for freeing slaves and other wills is the same; only the last will of the person will be implemented.

Amr bin Dinar narrates that Hazrat Tawus did not see any harm in a man revoking the freedom of slaves whom he had set free during his illness leading to death.

Asim narrates that Abu Al-Aliyah fell ill and he freed a slave. People informed him that the slave had gone beyond the river. He said, "If he is alive, I do not free him, and if he has died, then he is free." And then he recited this verse { وَلَہُ ذُرِّیَّۃٌ ضُعَفَائُ } (and his weak offspring).

It is narrated from Hisham that Muhammad said: People used to make wills in such a way that a man would write in his will, "If death comes to me before I change my will." If he feels the need to make a change, he can do so, whether it is a will for the emancipation of a slave or something else. And if he had not set any condition in the will, even then he can change the will, except in the case of the emancipation of a slave.

It is narrated from Ibn Abi Najih that Mujahid (may Allah have mercy on him) used to swear by this: that the slave who is freed after the death (of his master), his freedom is under the ruling of a will, and a person has the right to change his will if he so wishes.

Hanzalah narrates that Tawus said: The master of a mudabbar slave can revoke his emancipation whenever he wishes.