What is the legal implication when a testator states, 'I bequeath to you double the share of my son'?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a testator states, 'I bequeath to you double the share of my son,' the recipient receives the equivalent of the son's share, meaning one share. This is the position held by Al-Shafi'i. The basis for this understanding is derived from linguistic usage where 'double' is understood as 'the like' or 'the same amount.'
Supporting text
Abu Ubayd Al-Qasim ibn Sallam asserts that 'double' (*di'f*) means 'twice' or 'two times the amount' (*mithlayn*). He supports this by citing Quran 33:30, where 'double the punishment' means two penalties, and Quran 2:265, where 'doubling its yield' means two yields. Therefore, if 'double' (*di'fayn*) means two shares, then 'double' (*di'f*) must mean one share (the like).