How is the one-sixth share (Suds) granted via bequest treated in relation to estate calculations (A'ul or Radd)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
Once the one-sixth share is established for the beneficiary of the bequest, it is treated as a fixed, stipulated fraction. If the primary division of shares results in a full assessment (Mas'alah kamilat al-furood), the estate is assessed (A'ilat) by adding the bequest share, thus increasing the total denominator. If the estate suffers from 'Aul (where shares exceed the total), the bequest share increases the 'Aul further. If there is a return (Radd) to heirs or only collateral heirs (Asabah) exist, the beneficiary receives a full, complete sixth.
Supporting text
A narration from Ahmad suggests that if the estate suffers 'Aul, the bequest beneficiary receives a share corresponding to the 'Aul calculation rather than the fixed one-sixth, implying the bequest is relative to the fraction that would inherit one-sixth in that specific scenario. For example, in cases involving a spouse, parents, and sons, the calculation must account for the specific fractional entitlement dictated by the circumstances.