What is the legal status of a bequest to an heir when only some co-heirs provide approval?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a testator leaves behind three sons and a slave, which is his sole property, and bequeaths the slave to one son, or gifts it to him during his final illness, the following applies based on the brothers' approval: If both brothers approve, the slave belongs entirely to the designated son. If only one brother approves, the designated son receives two-thirds of the slave (his own share plus half of the approver's share). If both approve half of the slave, he receives half, and the brothers retain the other half. If one approves half of his share and the other rejects entirely, the designated son receives the full slave: his own third share plus one-sixth from the approving brother's share.

Supporting text

If each brother approves half of his respective share, the designated son acquires two-thirds of the slave. If one approves half his share and the other three-quarters of his share, the designated son acquires three-quarters of the slave.