"Among us is one whose mustache has just started to grow, And the 'anis [those who have grown old without marrying], and among us are the beardless and the gray-haired." (37)

"Kuhul" (middle-aged) are those who have passed thirty. Allah the Exalted says: {And he will speak to the people in the cradle and as a middle-aged man [kahlan]}. (38) The exegetes stated: A person of thirty years of age (39). It is derived from their expression "iktahala al-nabat" (the vegetation has reached maturity), meaning it has become complete and strong. Then, one continues to be a "kahl" until reaching fifty, then he becomes "shaykh" (old), and he continues to be a "shaykh" until he dies.

Section: If one makes a bequest to a group that cannot be enumerated or fully encompassed, such as a great tribe, or the poor and the destitute, it is valid, and payment to one of them is sufficient. Al-Shafi'i held this view in one of his two opinions, except that he said: It is paid to three of them, because that is the minimum plural. Abu Hanifa said: The bequest to a tribe that cannot be enumerated is not valid, because the wealthy and the poor both enter into it, and if it happens to be for the wealthy, it is not an act of nearness to Allah; rather, it would be a right of a human being, and the rights of human beings are not valid if uncertainty (jahala) enters them, just as if he were to make an acknowledgment for an unknown person. Our view is that every bequest that is valid for a limited group (40) is also valid for them even if they are not limited, such as the poor. What they mentioned is not correct; for a bequest to the wealthy is an act of nearness to Allah, and the Prophet (peace be upon him) encouraged giving gifts even if it were to a wealthy person. As for the permissibility of paying to one person, it is based on the payment in Zakat (41), and the discussion regarding that has already passed there.

966 - Issue; He said: "And a bequest for a fetus and to a fetus is permissible if she gives birth to it in less than six months from the time the bequest was spoken."

As for the bequest regarding a fetus, it is valid if it is a possession, meaning it is a slave or the fetus of an animal owned by him; because uncertainty and risk do not prevent the validity of a bequest, so it follows the same ruling as the emancipation of a fetus. If it is delivered dead, the bequest is void; if it is delivered alive, and we know of its existence at the time of the bequest, or we judge that it existed, then the bequest is valid. If it were not so, it would not be valid, due to the possibility that it came into being later. If he says: "I have bequeathed to you what this slave-girl of mine carries, or this she-camel of mine, or this palm tree of mine," it is permissible due to what we have mentioned regarding its validity despite the uncertainty. As for the bequest to a fetus, it is also valid; we know of no disagreement regarding this, and this was stated by Al-Thawri, Al-Shafi'i, Ishaq, Abu Thawr, and the People of Opinion (Ashab al-Ra'y). This is because a bequest follows the same course as inheritance, in terms of it being the transfer of wealth from a person after his death to the legatee without compensation, just as its transfer to his heir. Allah the Exalted has termed inheritance a bequest in His saying, Glorified be He: {Allah instructs you concerning your children: for the male, what is equal to the share of two females} (1). And He, Glorified be He, said: {If there are more than that, they are partners in a third, after any bequest which was made or debt, without causing harm. An instruction from Allah} (2). The fetus inherits, so the bequest to it is valid. Furthermore, the bequest is broader than inheritance, for it is valid for one who differs in religion and for a slave, unlike inheritance. If the fetus inherits, then a bequest to it is more appropriate. Also, a bequest relates to risk and uncertainty, so it is valid for the fetus, like emancipation. If the fetus is delivered dead, the bequest is void, because it does not inherit, and because it is possible that it was not alive at the time of the bequest, so neither the bequest nor the inheritance is established for it due to doubt. It makes no difference whether it died due to an external cause, from a blow to the abdomen, or from drinking (3) medicine, or otherwise; for the reason we explained that it does not inherit. If she delivers it alive, the bequest to it is valid, provided we judge its existence at the time of the bequest. Al-Khiraqi reported that this applies if she gives birth to it in less than six months. This is not a condition in every case, but if the woman is a marital bed (firaash) for a husband or a master who has intercourse with her, and she gives birth to it in six months or less, we know of its existence at the time of the bequest. If she gives birth to it after that period, the bequest to it is not valid;