Distribution of estate when a deceased leaves two sons, tangible assets, and debt owed by one son, along with a bequest to a non-heir.

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a deceased leaves two sons, ten units of tangible assets (Ayn), and ten units of debt owed by one son who is insolvent (Mu'sir), and leaves a bequest of one-third of his wealth to an outsider, the executor and the son without debt divide the ten units of tangible assets equally (half each). The debt owed by the insolvent son is reduced by two-thirds; one-third of that debt remains due to the other heirs (the executor's share and the non-debtor son's share).