How is an estate divided when a testator leaves two sons, bequeaths his entire wealth to one man, and bequeaths half his wealth to another man?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the two sons ratify the bequests, the wealth is divided among the two beneficiaries in three shares. This ratio arises because conceptually, the wealth is split into halves, and adding the remaining half results in three units of division. The son who was bequeathed the whole estate receives two-thirds of the total if ratified, and the other son receives one-third. This is analogous to the division problem involving a husband, mother, and three distinct sisters. If the sons reject the bequest, the distribution is among the two beneficiaries in three parts, based on the initial fractional bequests.
Supporting text
If the sons only ratify the bequest for the beneficiary of half the wealth, one view states the beneficiary of the whole estate receives nine-twelfths (or eight-ninths in another comparison), and the beneficiary of the half receives the full half because the impediment to taking it (the other beneficiary's claim) is removed upon ratification. Another view holds that the beneficiary of the half receives only the third originally allocated to him in the joint ratification scenario, as the excess was rightfully the testator's estate taken back by the heirs through rejection.