How is a bequest distributed when stated for an individual and 'the poor' (Al-Masakin)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
When a person bequeaths something to 'Zaid and the poor,' Zaid receives half of the bequest. This is the position held by Abu Hanifa and Muhammad. The evidence is that the bequest is made to two distinct categories (Zaid and the poor), thus requiring an equal division between the two specified entities, similar to a bequest made to 'Zaid and Amr.' Furthermore, if one were to bequeath to 'Quraysh and Tamim,' the division would be equal halves, not proportional to their numbers or the customary share given to members of those groups.
Supporting text
Muhammad (in another narration) held that Zaid receives one-third and the poor receive two-thirds, arguing that the minimum number of 'the poor' is two. Al-Shafi'i held that Zaid is treated like one of the poor; if the bequest is intended generally, he receives the share of one person among them. If divided among three, he is treated as one of them. His companions narrated two other views: one supporting the Hanafi position, and another giving Zaid only a quarter, as the minimum aggregation (Zaid plus the poor) implies four entities, requiring division into quarters.