What is the ruling on bequeathing the share of an heir without specifying 'like' (e.g., 'I bequeath the share of my son')?
General Chapter
Al-Mughni
Book of Bequests
Primary text
There are two established views on this matter. The first view holds that the bequest is valid, and it is treated as if the testator said, 'equal to his share.' This is the position of Malik, the people of Medina, Al-Lu'lu'i, the people of Basra, Ibn Abi Layla, Zufar, and Dawud. This validity is supported by the possibility of interpreting the wording metaphorically (al-Majaz), such as in cases of ambiguous divorce or manumission, where the intent for validity is presumed if possible. The possibility of validation arises from inferring the deletion of the possessed object (*al-muḍāf*) and having the possessor (*al-muḍāf ilayh*) stand in its place, meaning, 'equal to the share of my heir.' Moreover, a bequest of the entire estate is valid even if it encompasses the shares of all heirs.
Supporting text
The second view holds that the bequest is invalid. This view is adopted by Al-Qadi, and it is the position of the companions of Al-Shafi'i and Abu Hanifa and his two companions. The rationale is that the testator bequeathed something that is already the established right of the heir, which invalidates the bequest, similar to saying, 'My son's house,' or 'What my son will inherit.'