If he bequeaths [wealth] for the construction of a church or a fire temple, or for their maintenance, or for spending on them, it is void. Al-Shafi'i and Abu Thawr held this view. The proponents of reason (Ashab al-Ra'y) said it is valid. Abu Hanifa permitted a will for his land to be built into a church, though his two companions disagreed with him. The proponents of reason permitted bequeathing for the purchase of wine or swine, to be given as charity to the people of the dhimma. These are void wills and prohibited actions, for they are acts of disobedience, and a will regarding them is not valid, just as if one were to bequeath his male or female slave for immorality. If he bequeaths [wealth] for the writing of the Torah and the Gospel, it is not valid, because they are abrogated scriptures containing alterations, and engaging with them is not permissible; the Prophet (peace be upon him) was angered when he saw something written from the Torah in the possession of 'Umar. Al-Qadi mentioned that if he bequeathed [wealth] for the mats of churches, their lamps, and things similar to that, and did not intend to exalt them by that, the will would be valid, because the will is for the people of the dhimma, and the benefit returns to them, and a will to them is valid. The correct view is that this is among those things for which a will is not valid, because that is merely an aid to them in their disobedience and an exaltation of their churches. A report from Ahmad indicates [the validity of] a will from a dhimmi for the service of a church, but the first [opinion] is more appropriate and correct. If he bequeaths [wealth] for the construction of a house to be inhabited by travelers among the people of the dhimma and the people of war, it is valid, because the construction of their dwellings is not an act of disobedience.

973 - Issue: He said: "And whoever bequeaths to the people of a village, those among them who are disbelievers shall not be given anything, unless he specifies them."

He means the Muslim, when he bequeaths to the people of his village or his relatives using a general term that includes both Muslims and disbelievers; it is specifically for the Muslims, and the disbelievers get nothing. Al-Shafi'i said: The disbelievers are included, because the term applies to them by its generality, and because if a disbeliever were to bequeath to the people of his village or his relatives, it would include the Muslim and the disbeliever, so the same applies to the Muslim.