What is the entitlement of a beneficiary when the bequest specifies a fixed share for each of two individuals?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the testator states, 'I bequeathed to each of so-and-so and so-and-so half of the third, or half of one hundred, or fifty,' then neither beneficiary is entitled to more than the specified half of the bequest, whether their partner is living or dead. This is because the testator designated their specific share, granting them no right to the remainder beyond that designated share.