What happens to a bequest concerning a specific horse if the horse dies after the bequest but before the distribution of the estate?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the specific horse mentioned in the bequest dies, its value (one thousand units mentioned in the context) reverts to the heirs, even if some of that value was spent. This is because the horse itself was the specific subject matter ('ayn) of the bequest. If the subject matter perishes, the beneficiary returns to the heirs, analogous to a bequest to free a specific slave of Zayd who dies or whose owner did not sell him.
Supporting text
If the testator bequeathed the purchase of a horse and spent part of the funds designated for it before the horse died, the bequest is voided concerning the remaining amount. This is similar to a bequest for the purchase of two slaves where one dies before the purchase is made.