What is the outcome if the heirs reject the excess amount above one-third when two bequests are made, without specifying which portion belongs to whom?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 4 · Bab 1

Open in Qurani

Primary text

The remaining one-third is divided equally between the two beneficiaries (the heir and the non-heir), meaning each receives one-sixth. This is the opinion of Al-Qadi, which aligns with Malik and Al-Shafi'i. The reasoning is that when the heirs approve the two bequests (totalling two-thirds), the heir competes with the non-heir for the one-third excess. When half of that excess is nullified by rejection, the nullification relates back to them equally, and what remains is shared between them, similar to a loss occurring without the rejection.

Supporting text

Abu Al-Khattab preferred that the entire one-third devolve to the non-heir, supporting a view similar to that narrated from Abu Hanifa.