Distribution of bequests when the total value exceeds one-third of the estate?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a person leaves an estate of six hundred units, and bequeaths one hundred units to a non-heir, and the remainder of one-third (i.e., one hundred units) to another, each recipient receives one hundred units. If the first beneficiary rejects their bequest, the second beneficiary receives one hundred units. If the testator bequeaths two hundred units to the first beneficiary and the remainder of one-third to the second, the second beneficiary receives nothing, irrespective of whether the first beneficiary accepted or rejected the bequest. This is in accordance with the analogy derived from the opinion of Al-Shafi'i and the scholars of Basra.

Supporting text

The scholars of Iraq maintain that if the first beneficiary rejects the bequest, the second beneficiary receives two hundred units in both scenarios mentioned above.