What is the ruling on bequeathing a portion, share, or a thing from one's estate?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

When a person bequeaths a part (*juz'*), a share (*hazz*), a portion (*naṣīb*), or a thing (*shay’*) from his estate, the heirs must give what the testator wished. There is no known dispute regarding this ruling. This position is held by Abu Hanifa, Al-Shafi'i, Ibn al-Mundhir, and others. The justification is that every term used—part, share, portion, or thing—refers to the same general concept in this context. Similarly, if the testator says, 'Give such-and-such person from my wealth,' or 'Provide for him' (*irzaqūhu*), the bequest is valid because it lacks a specific measure in language or Sharia, thus it remains unrestricted.