How is the legatee's right to the specific asset satisfied when the estate involves both a specific asset and outstanding debts?
General Chapter
Al-Mughni
Book of Bequests
Primary text
Once the right to one-third is established, the legatee is entitled to one-third of the present specific asset. Furthermore, as each portion of the debt is recovered, or as the absent property arrives, the legatee receives a corresponding portion equal to one-third of the value of what was bequeathed, continuing until the full one-third entitlement is met, or the specific asset is fully delivered. For example, if the estate comprises nine specific items and twenty in debt, with one heir, the executor receives three of the nine items immediately. As the debt is collected, the executor receives one-third of that recovered amount in value from the nine items, until the full nine items are delivered when eighteen of the debt is collected.
Supporting text
If the debtor denies the debt, dies, or recovery becomes hopeless, the heirs take the remaining two-thirds of the specific asset. If the debt itself is equal to nine units, the heir takes one-third of the specific asset, the legatee takes one-third, and one-third remains held in abeyance (*mawquf*). As portions of the debt are realized, the executor receives his share from the specific asset until the debt is fully collected, at which point the legatee completes his full entitlement of six units (one-third of the total estate). If the bequest was for half of the specific asset, the executor takes one-third of it, the heir takes half of it, and one-sixth remains held in abeyance until twice that value is collected from the debt.