What is the ruling if the bequest is explicitly 'equal to the share of a specific heir'?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The majority opinion, held by Abu Hanifa and Al-Shafi'i, states that the bequest is valid, and the legatee receives an amount equal to the specified heir's share, added to the principal estate division. Malik, Ibn Abi Layla, Zufar, and Dawud contend that the legatee receives the equivalent of the specified heir's share, taken from the principal estate without increasing the original division, and the remainder is distributed among the heirs. The justification for the majority view is that making the legatee an equivalent factor—by viewing the specified heir as the baseline—requires an addition to the principal estate to achieve true equality, which is implied by the term 'equal to the share.' Furthermore, referencing the smallest share fulfills the certain aspect of the inheritance, whereas a larger share introduces doubt, which is avoided.
Supporting text
If the testator specifies the share of the heir receiving the largest portion, the legatee receives that amount added to the principal division. For instance, in the complicated case described previously, this would result in the legatee receiving twenty-eight shares added to the original sixty shares, making a total of eighty-eight shares.