Section: If he bequeaths to an existing fetus, its existence is considered as (10) it is in the fetus of a slave woman, by that which the existence of the bequeathed-to fetus is considered. If it is the fetus of a beast, its existence is considered by that which its existence is established in other rulings.

Section: If he bequeaths to what this woman will carry, it is not valid. Some of the companions of Al-Shafi'i said: It is valid, just as a bequest to what this slave woman will carry is valid. Our argument is that a bequest is a transfer of ownership, so it is not valid for the non-existent, unlike the object of the bequest, for it is owned, so its existence at the time is not required. Furthermore, the bequest is treated in the same manner as inheritance; if a person died, no one inherits from him among fetuses except one who was [already] existing, and the bequest is the same. If property is newly acquired by the deceased after his death—such as prey falling into his net—his heirs would inherit it, and for this reason we have ruled that inheritance is established in his blood money, even though it is determined after his death; thus it is permissible to be owned via a bequest. If it is said: If he created a waqf (endowment) for those who will be born from his children or the children of so-and-so, it is valid, therefore a bequest is more deserving; because it is valid regarding the non-existent and the unknown, unlike a waqf. We respond: The bequest was treated in the same manner as inheritance, and inheritance does not accrue except to one who is existing, thus the same applies to the bequest. As for the waqf, it is intended for continuity, so it is a necessity of it to establish it for the non-existent.

Section: If he bequeaths to the fetus of a woman, and she gives birth to a male and a female, the bequest is to both of them equally; because this is a gift and a donation, so it resembles the case where he gifted them something after their birth. If he differentiates between them, then it is according to what he said, like a waqf. If he said: "If there is a boy in her womb, he gets two dinars, and if there is a girl in it, she gets one dinar," and she gives birth to a boy and a girl, each of them receives what he bequeathed to them; because the condition was met in them. If she gives birth to one of them alone, that one receives its bequest. If he said: "If her fetus, or if what is in her womb is a boy, he gets two dinars, and if it is a girl, she gets one dinar," and she gives birth to one of them alone, that one receives its bequest. If she gives birth to a boy and a girl, neither of them gets anything; because