What is the ruling if a bequest is made of a fraction of several identical items (e.g., one-third of three slaves), and some perish or are rightfully claimed by others?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If one-third of three slaves is bequeathed, and two slaves perish or are rightfully claimed by others, the legatee receives only one-third of the remaining slave. Al-Shafi'i and the proponents of opinion hold this view because the bequest did not specify more than three parts from the remainder, as the legatee was initially made a partner with the heirs in the entitlement.