Who are the intended recipients of a general bequest to 'my relatives' (*qarābātī*)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The bequest is made to the testator's children, the children of his father, the children of his grandfather, and the children of his great-grandfather, with equality between male and female. No distribution is made to those further removed. Specifically, if the bequest is to the Prophet's relatives, it is given to his children, the children of Abd al-Muttalib, and the children of Hashim, excluding Bani Abd Shams and Bani Nawfal, based on the precedent set by the distribution of *Fay'*. Furthermore, the Banu al-Muttalib are included because they did not separate from Banu Hashim in pre-Islamic or Islamic times. The relatives of the mother (Banu Zuhra) are excluded unless they are Muslim, interpreting the general term by the specific application of Quranic distribution. Equality exists between the near and far relatives of the specified group, and both male and female. The rich and poor are included, but non-Muslims are excluded as they were not included among the Prophet's relatives entitled to the *Fay*.
Supporting text
There is another narration suggesting the distribution should extend to the mother's relatives if the testator maintained ties with them during his life, evidenced by ongoing support. A third narration suggests the bequest extends beyond four generations, encompassing all known relatives from both the father's and mother's side, which aligns with the position of Al-Shafi'i. Abu Hanifa defines relatives as every prohibited kin (*dhū rahim muḥarram*), distributing based on uncles and maternal uncles. Al-Qatadah and Al-Hasan state two-thirds for paternal uncles and one-third for maternal uncles, with the closest receiving a slight preference. Malik states distribution should be based on proximity, determined by *Ijtihad* (independent reasoning).