Does a poor person named specifically in the bequest receive from the share allocated to the poor?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If Zaid, who is poor, is named specifically in the bequest alongside 'the poor,' he does not receive anything from the poor's share. This view is held by Al-Hasan and Ishaq. The reasoning is that connecting him explicitly ('and') to the group implies a distinction between him and the group, as the conjunction typically denotes difference between the connected parties. Allowing him to take from the poor's share leads to the possibility of him receiving the entire bequest, which contradicts the apparent meaning of the wording.