Can an heir who cannot reject a bequest exclusively allocate it to one heir?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

In situations where rejection is prevented because ownership has already been firmly established (implying the heir cannot legally reject it), the heir may allocate that property specifically to one of the heirs. This is treated as a new gift (Hibah). Since the heir possesses the right to transfer the property to a stranger, they possess the right to transfer it to an heir.