For war, the bequest is not valid either, because its benefit in the present is non-existent. If it is suitable for both, the bequest is valid, because the benefit is existent within it. If he bequeaths a drum and is general/vague, and he has two drums, the bequest is valid for one of them and not the other; the bequest is directed toward that for which the bequest is valid. If he has drums for which a bequest of all of them is valid, he may take them by lottery, or whatever the heirs wish, according to the two narrations. If he bequeaths a tambourine (duff), the bequest is valid, because the Prophet (peace be upon him) said: "Announce the marriage, and beat the tambourine for it." (13) A bequest of a flute, a tanbur, or a lute—from the instruments of amusement—is not valid, because they are forbidden. This is the same whether they contain strings or not, because it is prepared for the performance of sin to the exclusion of other things, so it resembles that which has strings.

Section: If he bequeaths a bow (qaws) to him, the bequest is valid, because there is permissible benefit in it, whether it is a bow for archery—which is the Persian type—or for arrows—which is the Arabic type—or a bow with a groove (majra), or a bow for bow-drills (zunbur), or for velvet (jukh), or for carding wool (nadf), or for shooting pellets (bunduq). If he has only one bow of these types, the bequest is specified to it. If he has all of them, and there is in his phrasing or situation a context that points to one of them, it is directed toward it; for example, if he says: "a bow for carding," or "that I make a living with," or something similar, this points it to the carding bow. If he says: "for military raiding (ghazw)," the carding bow and the pellet bow are excluded from it. If the legatee is a carder (naddaf) who has no custom of archery, or a pellet-shooter (bunduqani) who has no custom of archery with anything else, or he shoots with a bow other than it and does not shoot with anything else, the bequest is directed to the bow he habitually uses; because the apparent state of the testator is that he intended to benefit him with what his custom was to derive benefit from. If such contexts are absent, Abu al-Khattab chose the view that he receives one from all of them by lottery, or whatever the heirs choose, because the wording covers all of them. The correct view is that his bequest does not cover the carding bow, nor the pellet bow, nor the Arabic bow in a land where they have no custom of shooting with it.