How is a bequest distributed when made jointly to a living person and a deceased person?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a testator bequeaths a portion (e.g., one-third or a specific sum like one hundred) jointly to a living person and a deceased person, the living person receives half of the bequest, regardless of whether the testator knew of the recipient's death or not. This is the view of Abu Hanifa, Ishaq, and the Basrans. If the testator explicitly stated the sum is 'for so-and-so and so-and-so' without specifying division, some hold that only the living person receives the bequest, while others agree that the living person receives half. If the testator knew the beneficiary was deceased when making the joint bequest, the entirety of the bequest transfers to the living beneficiary, based on the interpretation that the testator intended the entire bequest for the valid recipient given the circumstances.
Supporting text
Al-Thawri, Abu Yusuf, and Muhammad rule that if the bequest is specified as 'this one hundred is for so-and-so and so-and-so,' the living person receives the entire sum. A narration from Ahmad suggests that if the testator knew the other beneficiary was dead, the entire bequest goes to the living person; otherwise, the living person receives half.