Intending to make a bequest without...

Egypt's Dar Al-Ifta

Intending to make a bequest without putting it in writing it and without witnesses


2006 which includes the following:

A person wanted to give another a portion of his land as a reward. They were about to put it in writing but the addressee refused to have it written down. Is this considered a bequest?


 The mere desire and intention that do not form a contract whether it is a bequest, sale, endowment or the like, is of no consequence. This is because a contract is created either verbally or in writing when a contractual intention exists.

The ruling
Based on the above, the desire of the offerer to allocate part of  his land to the addressee is not a bequest—it is nothing more than a wish that does not constitute a legal contract, a contract recognized by Islamic law, a bequest, or anything of the sort.

Allah the Almighty knows best.     

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