What is the distribution if a testator leaves one-third of the estate in a will to an heir and a non-heir, and the remaining heirs approve the heir's portion?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

The one-third share is divided equally between the heir and the non-heir. This ruling is held by Malik, Al-Shafi'i, the companions of Abu Hanifa, and others. If the testator designated specific items totaling one-third for each (the heir and the non-heir), and the other heirs approve the heir's bequest, both bequests are valid. If the other heirs reject the heir's bequest in either case, the heir's bequest is voided. In the first scenario (general one-third share), the non-heir receives one-sixth. In the second scenario (specific items), the non-heir receives the specifically bequeathed item.