How is an estate distributed if a testator leaves assets to three non-heirs equivalent to their shares, while the heirs are three sons?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the testator leaves bequests to three individuals equal to their shares, and the heirs (three sons) give their consent (ijazah), the estate is divided into six parts: two-thirds (the bequests) go to the three beneficiaries collectively, and the remaining third is divided among the three sons equally. If the heirs reject the bequest (radd), the division results in nine parts: the beneficiaries receive two-ninths, and the remaining seven-ninths are divided among the sons equally. This is contingent upon the consent of the heirs.