How are bequests divided when the combined shares exceed the total estate amount (over-bequest)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
When two specific bequests (e.g., one-third and one-tenth) are given, and upon reduction they exceed the available estate portion (the third in this scenario), the recipients proportionally share the available portion based on the ratio of their original bequests. If the uncle was intended to receive one-third (1/3) and the maternal uncle one-tenth (1/10), and they share a third, the distribution follows calculation based on the fractional shares they were allotted relative to the available portion. For example, if the maternal uncle received six parts of his intended ten parts from the available third, his share equals three-fifths of his bequest, leaving two-fifths for the uncle.
Supporting text
Alternative methods of calculation exist, such as determining the fraction of the total bequest that the recipient received (e.g., if the maternal uncle received three-fifths of his bequest, the uncle received the remaining two-fifths of the third) and adjusting shares based on that ratio.