Can the executor divide the bequeathed property proportionally between the executor and the legatee?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The executor's division of the bequeathed property (Muqasama) with the legatee is valid and permissible at the expense of the heirs. This is because the executor acts as their legal representative (Na'ib) in this context.
Supporting text
The division or proportional sharing between the executor and the legatee is not permissible if the division is made on behalf of the legatee, as the executor does not represent the legatee.