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Document Seventy-Four A Will In Favor Of Daughters Presented As A Gift Inter Vivos (1954)

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Chapter Summary

In the document under review, a Bedouin of ʿAshīrat al-Shawāwira, ʿArab al-Taʿāmira, &t;transmits by inheritance&t; (warrathtu) to his three daughters all his property &t;in my lifetime,&t; and nominates their mother as the guardian of their shares in the estate. The mukhtārs of ʿArab al-Taʿāmira attest to the validity of the transmission. Although the phrase &t;in my lifetime&t; may suggest that the author is dealing with a gift inter vivos that becomes effective in the donor's lifetime, it seems that actually this is a will in favor of the daughters, probably in the absence of sons, intended to become operative upon the testator's death. The testator was probably motivated by the desire to secure his daughters against deprivation of their rights in the estate by their agnates.

Keywords: disposal of inheritance; gift inter vivos



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