How is distribution handled when bequests involve a specific asset and a fractional share of the remaining estate, with heirs' consent?
General Chapter
Al-Mughni
Book of Bequests
Primary text
When heirs consent to both bequests—one for a specific asset (like a slave) and one for an undesignated fraction of the estate (like one-third of the remaining property worth 200 Dirhams)—the heir receiving the fraction takes their share from the non-specified asset (one-third of the 200 Dirhams), and both beneficiaries share the specific asset according to the proportion of their shares in the bequest. In the example provided (1/3 of 200 Dirhams and the slave, versus the entire slave), the heir of the fraction receives 2/3 of 200 Dirhams and 1/4 of the slave, while the heir of the slave receives 3/4 of the slave. Generally, the heir of the undesignated share takes precedence, and then the heir of the specific asset shares the remainder with the first heir based on the value of their respective bequests, similar to issues of surplus distribution (Awl).
Supporting text
If the heirs do not consent to the bequests, the distribution changes. The heir of the fraction receives a smaller portion (e.g., 1/6 of the 200 Dirhams and 1/6 of the slave in the example where the total bequest exceeded 1/3), and the heir of the specific asset receives a larger portion of that asset (e.g., half the slave). Opinions differ among scholars like Al-Khiraqi and others regarding the exact distribution when the bequests exceed one-third, specifically how the specific asset is divided against the non-specific asset share.