How is the recipient determined when the testator possesses multiple animals of the type specified in the bequest?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 8 · Bab 1

Open in Qurani

Primary text

According to the view of Al-Khiraqi, if the testator possesses several animals of the kind mentioned in the bequest, the recipient receives one by casting lots ('al-qur'ah'). According to the narration of Ibn Mansur, the heirs may give the legatee whatever they choose, and the legatee has no entitlement to a specific animal.

Supporting text

The legatee is not entitled to a saddle for the beast of burden or a riding gear for the camel unless these items are explicitly mentioned in the bequest.