How is an estate divided when a bequest is made equal to an heir's share and another bequest is made for a fraction of the remainder?
General Chapter
Al-Mughni
Book of Bequests
Primary text
There are three rulings concerning the distribution when a person bequeaths an amount equal to an heir's share to one person, and a specified fraction of the remaining property to another. The first opinion states that the recipient of the bequest equal to an heir's share receives that exact share, provided there is no other conflicting bequest. Under this ruling, if a man leaves three sons, bequeaths the share of one son to one legatee, and half the remainder to another legatee, the first legatee receives one-quarter of the total estate, the second legatee receives half of what remains after the first bequest, and the balance goes to the sons. This division is sound out of an eight-part estate.
Supporting text
The second ruling mandates that the recipient of the bequest equal to an heir's share receives that portion calculated from two-thirds of the total property. The third ruling dictates that this legatee receives his share only after the portion designated for the legatee receiving a fraction of the remainder has been taken out. This third ruling introduces circular dependency (al-dawr) in calculation, leading to several complex methods to resolve the proportions, such as methods involving the denominator of the fraction, adding half a share to the sons' shares, or methods involving inversion (al-mankus).