Ẕimmīs, or Jews and Christians paying tribute for protection, can make bequests, and they are held good in Muslim law, and are subject to the same restrictions with those of Muslims.
A church or synagogue founded during health descends to the founder’s heirs, but the bequest of a house to the purpose of an infidel place of worship, is appropriated, whether any particular legatees be mentioned or otherwise.
Abū Ḥanīfah says the bequests of Ẕimmīs are of four kinds:—
(1) Those made for purposes held sacred in their belief, but not in that of Muslims, such as the building of a church or synagogue, which according to Ḥanīfah is valid under certain restrictions.
(2) Those made for purposes held pious by Muslims and not by Ẕimmīs, such as the building of a mosque, in which case the bequest is invalid.
(3) Those made for a purpose held sacred by both Muslims and Ẕimmīs, such as an offering to the Temple at Jerusalem, which are valid.
(4) Those made for purposes held to be wrong by both Ẕimmīs and Muslims, such as the support of singers and dissolute women, which are invalid as being sinful.
The will of a sensualist or innovator is the same as of an orthodox Mussulman, unless he proceed to avowed apostasy. The will of a female apostate is valid, but not that of a male apostate.
A Ẕimmī may bequeath the whole of his property; but if he bequeath a part only, the residue is transmitted to his heirs.
An emancipation granted by him on his death-bed, takes effect in toto.