Who inherits when a bequest is made to the testator's 'Asabah (agnatic residuary heirs)?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 9 · Bab 1

Open in Qurani

Primary text

If the bequest is made to the Asabah, it is given to those who would inherit through agnatic right in general, irrespective of whether they would inherit at that moment or not. Equality is maintained between the near and the distant among them due to the comprehensive nature of the term.

Supporting text

There is no dispute that those designated as Asabah cannot be from the mother's side.