What happens if the heirs reject the entirety of the heir's bequest and half of the non-heir's bequest?
General Chapter
Al-Mughni
Book of Bequests
Primary text
According to Al-Qadi's view, this is permissible. This is because the heirs have the right to approve one-third for them both, resulting in them sharing it equally (each getting half of the one-third portion). When they retract what was confirmed for the heir, the non-heir does not retract what was confirmed to him during the period of approval that included the heir.
Supporting text
According to Abu Al-Khattab's view, the entire one-third share accrues entirely to the non-heir because his share is diminished only by competition with the heir. When that competition ceases, the full one-third must be secured for him, as the bequest was originally made to him.