How are multiple gifts made during a life-threatening illness resolved if the one-third limit is insufficient?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the one-third share is insufficient to cover all the gifts, precedence is given to the first gift made, regardless of whether the first was manumission or something else. This is the position of Al-Shafi'i. If they occurred simultaneously, and all gifts were manumissions, lots are cast among the recipients to fully complete the manumission for some. If all were non-manumissions, the one-third is divided among them proportionally to their gifts, as they are equal in entitlement, similar to creditors of an insolvent person.
Supporting text
Abu Hanifa holds that if the gifts are of the same kind, they are equal. If they are of different kinds, priority is given to the earlier gift involving *muhabah* (favor/benefaction), otherwise, they are made equal with manumission. Abu Yusuf and Muhammad state that manumission is prioritized regardless of when it occurred. The view concerning *muhabah* being treated like a contract is deemed incorrect because if it were, it would not be taken from the one-third limit.