Distribution when a testator bequeaths to another person one-fifth of what remains after the first bequest.
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a second bequest is made to another person amounting to one-fifth of the money remaining after the first bequest, the procedure is to isolate one-third of the total wealth, take a portion from it, and return the remainder to the remaining two-thirds. Then, one-fifth of that isolated portion is given to the second legatee. What remains is one-third plus four-fifths of a share belonging to the heirs. By cancelling four-fifths of a share against an equal amount, three and one-fifth remain, which equals two-thirds and one-fifth (of the remaining two-thirds). Thus, half the wealth equals three shares, and the entire wealth is six shares, distributed among the two legatees and the sons, with each receiving one share.
Supporting text
Another method involves considering the sons' shares as four parts, representing the remainder of the wealth after deducting one-fifth for the second legatee. Adding one-fourth for the second legatee results in five parts. Then, adding another share to complete the one-third amount for the first legatee results in a total of six parts. Alternatively, if the wealth is presumed to be five shares plus a completion amount, the completion amount is given to its claimant, and one-fifth of the remainder to the second claimant, leaving one share for each son. Since one son's share, along with the completion amount, constitutes one-third of the wealth, and the remainder is two-thirds (four shares), equating this remainder to half of four (i.e., two shares) shows that the completion amount is one share.