How is a bequest distributed when stated for an individual and a group whose members can be fully enumerated, such as 'Zaid and his brothers'?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 3 · Bab 1

Open in Qurani

Primary text

When the bequest is made to people whose number can be fully ascertained and limited, such as stating 'This is for Zaid and his brothers,' it is probable that Zaid is treated equally as one of them. This is because the partnership established between him and them is one where excluding any member is not permissible, thus making them equal recipients, similar to saying 'This is for you all.'

Supporting text

Another possibility is that the ruling reverts to the previous case (where Zaid receives a distinct share separate from the group).