Does authorization of a specific item bequest exceeding one-third remain binding if the heir later discovers the estate was smaller than estimated or burdened by unknown debt?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a specific item, such as a slave or horse, is bequeathed beyond the one-third limit, and the heir authorizes it, their authorization is not revoked if they later claim they believed the estate was large enough to cover the bequest from the third, or that an unknown debt existed. This is because the specific item (*ma'een*) being bequeathed is known, and there is no inherent uncertainty (*jahalah*) regarding the subject matter of the bequest itself.
Supporting text
There is an alternative view that permits the heir to revoke the authorization in this case. The reasoning is that the heir consented based on the assumption that sufficient estate value would remain for their needs, and when circumstances prove otherwise, the authorization results in harm to the heir, thereby granting them the right to retract the authorization, similar to the ruling concerning the general bequest exceeding one-third.