How is the distribution determined when bequests of a specific asset and a fractional share collectively exceed one-third of the estate, absent heir consent?
General Chapter
Al-Mughni
Book of Bequests
Primary text
When the combined bequests exceed one-third, the distribution is reduced proportionally to one-third. The heir receiving the specific asset takes their entitlement from that asset first, while the heir receiving the fraction takes their due share from the remaining general estate. This is the view held by Al-Khiraqi and other companions. However, the preferred view holds that the one-third is divided between them according to the proportions established in the scenario where the bequests were consented to (as in all other bequests).
Supporting text
Abu Hanifa and Malik's view in case of refusal suggests the heir of the specific asset takes their due portion from that asset, and the remaining portion of the estate is divided between the other heir and the heirs of the deceased based on a different ratio. There is agreement that in case of refusal, each legatee reverts to half of their bequest because the total entitlement was reduced to half (one-third is half of the original two-thirds bequests).