Distribution when some heirs consent to the bequest for one beneficiary while others reject it for the remaining two beneficiaries.
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the heirs consent to the bequest for one person but reject the bequest for two others, the two rejected beneficiaries retain their portions corresponding to the 'rejection' scenario (which were two-ninths). For the beneficiary whose bequest was validated, there are two opinions. The primary opinion, held by Abu Yusuf and Ibn Shurayh, is that this validated beneficiary receives the one-sixth share they would have received if all heirs had consented to all bequests. Calculation involves finding a common denominator (18) to correct the shares, resulting in the validated beneficiary receiving nine units (one-sixth), the two rejected beneficiaries each receiving six units, and the remaining eleven units being divided among the sons. The second opinion suggests incorporating the validated beneficiary with the sons to divide the remaining portion after the two-ninths have been accounted for, which leads to further complex proportional distribution if validation occurs piecemeal.
Supporting text
The second opinion suggests combining the validated beneficiary with the sons to divide the remainder after accounting for the two-ninths portion initially retained by the rejected beneficiaries. If the heirs subsequently validate the others, the distribution reverts to the first method where the estate is divided into sixths. Alternatively, if they combine what they received (21 out of 36) with what the other two received (8), and divide by five, this division is invalid, requiring further calculation based on 180 as the denominator.