How is an endowment made during the final illness (out of the one-third legacy) legally affected by subsequent growth or earnings of the endowed property?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

The validity of an endowment made from the one-third of the estate upon the death of the benefactor is established if that portion falls within the permissible limit. If the endowed property increases in value or earns income, the gains must be divided proportionally between the heirs and the recipient of the endowment according to their respective shares in the original endowment. This division may lead to complex scenarios, such as in the case of manumitting a slave from the one-third share, where the slave's subsequent earnings are shared between the newly freed portion and the remaining inherited portion.