How is a bequest directed to the testator's 'Qawm' (people/nation), 'Nasabah' (relatives), or 'Arham' (wombs/kin)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
Abu Bakr considered a bequest to 'Qawm' to be equivalent to a bequest to the People of the House (Ahl Bayt). Al-Qadi stated that if the bequest specifies 'to my kin,' 'to my relatives,' or 'to those related to me,' it extends to relatives on both the father's and mother's side, extending beyond the fifth generation of the father's lineage. Under this view, it is distributed to everyone who inherits by fixed share (Fard), by residual inheritance ('Asabah), or through kinship (Rahim) in any circumstance.
Supporting text
The statement of Abu Bakr concerning those related by lineage ('Munassibin') is preferable to the view of Al-Qadi. In common usage, 'Munassib' refers to someone belonging to the same tribe or lineage from which the testator descends. If two individuals descend from different tribes, they are not considered 'Munassib' to each other in this specific context.