How is the one-third limitation applied when the specific asset is bequeathed wholly and another portion is bequeathed as a fraction?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 6 · Bab 1

Open in Qurani

Primary text

When one person is bequeathed the entire specific asset (a slave) and another a fraction of the estate (e.g., 100 units from 200 cash, and the slave is worth 100), if the heirs consent, the slave is split equally (half each), and the heir of the fraction receives an additional third of the remaining cash. If the bequests exceed one-third and heirs refuse, the third is divided between them. The heir of the slave receives one-fifth of the slave and one-tenth of the cash, while the heir of the fraction receives four-fifths of the slave and nine-tenths of the cash from the remaining portion.

Supporting text

If the bequests do not exceed one-third of the estate, the division proceeds as if consented to, and there is no reduction.