How is a bequest distributed when specified for a group of the closest people to the testator?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the bequest is to a group of the closest people, it is distributed to the three closest people. If more than three exist at the same degree, such as brothers, the bequest is divided among all of them because no one among them is preferred over another, and the term encompasses them all. If the number in the first degree is less than three, the remainder is fulfilled from the second degree. If there is a group in the second degree, they are treated equally for the same reason given for the first degree.
Supporting text
If the remainder is not completed from the second degree, it moves to the third degree. If the options include a son, an uncle (brother), and a paternal uncle, the bequest is divided into thirds. Similarly, if it is a son and two brothers. If there is a son and three brothers, all enter into the bequest, with the son entitled to one-third and the brothers to two-thirds.