How are bequests distributed when legatees approve (Ijaazah) and when heirs reject (Radd) in cases of oversubscription?
General Chapter
Al-Mughni
Book of Bequests
Primary text
When the heirs approve the bequests exceeding the estate, the distribution follows the proportional division based on the required sum, as exemplified by the case summing to 13 units, where distribution is based on 13 parts. When the heirs reject (Radd), the total amount exceeding one-third is divided among the legatees according to their specified shares, limiting the division to one-third of the estate.
Supporting text
Abu Hanifa's view differs: in the case of Ijaazah for bequests of two-thirds, one-half, and one-third, the division is calculated over nine parts. In the case of Radd, the division is based on three parts. Furthermore, regarding bequests of the entire estate to one person and one-third to another, if they approve, the division is over four parts. If they reject, the one-third limit is divided equally between them.