How is the estate distributed if the heirs reject the bequest?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the heirs reject the bequest, the one-third share is divided equally between Sa'd and Zayd. Sa'd receives one-sixth of the total estate (half of the one-third), and Zayd receives the stipulated one hundred. If there is a remainder from that one-third after Zayd takes one hundred, it goes to Amr. If nothing remains after Zayd takes one hundred, Amr receives nothing because his bequest was conditional upon a surplus, and no surplus exists. This surplus issue is similar to the case of a child from a separate father competing with a full brother regarding the share due to a grandfather.
Supporting text
There is an alternative view suggesting that if the one-third surplus remains after Zayd takes one hundred, each recipient should have their share proportionally reduced by half of their intended bequest, because Zayd's entitlement to the one hundred was secured by the heirs' approval, and thus, any reduction due to rejection should affect him proportionally like other bequests.