that is a possession of his; 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;