What is the distribution when a testator leaves a bequest equal to the remaining portion after allocating the sons' shares, minus one quarter of that remainder?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the bequest is stated as 'minus one quarter of the remaining portion after the sons' shares,' one must add one share and one quarter to the number of sons' shares, and multiply this by four, resulting in seventeen total parts. The executor receives two shares, and each son receives five shares.

Supporting text

The distribution can be determined through reconciliation (*al-Jabr*). By allocating a portion to the legatee and excluding one quarter of the remainder (which equals one quarter of the estate minus one quarter of the bequest share), one equates the resulting amount to the shares of the three sons. Reconciliation yields the bequest share as five and the total estate as seventeen.