What happens if the heirs approve only the portion allotted to the non-heir, thereby rejecting the heir's share when the total bequest exceeds one-third?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the heirs reject only the heir's portion while the total bequest was two-thirds (one-third for the heir and one-third for the non-heir), the entire one-third share intended for the non-heir is confirmed to him completely, and the heir's bequest is nullified. This is because the rejection was specific to the heir, rendering the situation as if no bequest was made to the heir.
Supporting text
The view of Abu Al-Khattab, and similar to that narrated from Abu Hanifa, is that the entire one-third goes to the non-heir because the heirs cannot nullify the portion pertaining to the non-heir when it is one-third or less. If the division were established equally, the heirs could only nullify what exceeds one-sixth of the non-heir's share.