Is a bequest made to an heir specifying a specific asset equal to their fixed share valid?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The bequest specifying an asset for an heir corresponding to their fixed share is potentially valid. This ruling is supported by the principle that the heir's right pertains to the proportion (qadr) of the estate, not to the specific item (ayn). Evidence for this is found where a sick person conducts a transaction exchanging all their wealth for a fair price with an heir or a non-heir; such a transaction is valid even if it results in the loss of the specific assets.
Supporting text
Alternatively, the bequest may be contingent upon the subsequent approval (ijazah) of the heirs. This view holds that because there is a valid purpose (gharadh sahih) in specific items, just as one cannot nullify the heir's right to their proportion, one cannot unilaterally assign a specific item to them.