How is the bequest executed if the value of the bequeathed item at the time of death is equal to or less than one-third of the estate?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the value of the bequeathed item at the time of death is one-third of the estate or less, the bequest is executed in full, and the legatee receives the entire item. If its value increases after death to equal the rest of the estate or more, or if all other property perishes, the item belongs entirely to the legatee, and the heirs receive nothing. This entitlement established at the time of death is final, regardless of subsequent fluctuations in value or the value of the rest of the estate.
Supporting text
If the value at the time of death exceeded one-third, the legatee receives a portion equivalent to one-third of the total estate value based on that moment's valuation. For instance, if the value was half the estate, the legatee receives two-thirds of the item; if two-thirds, the legatee receives half of the item; and if it was half plus one-third (five-sixths), the legatee receives two-fifths of the item. If the item's value subsequently increases or decreases, or if the value of the rest of the estate changes, the legatee is restricted to what they were entitled to at the time of death, unless the heirs grant consent to an increase.