What is the ruling on a bequest made to an heir if some, but not all, non-bequest heirs approve it?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a testator bequeaths to an heir, and some of the remaining heirs approve the bequest while others do not, the bequest is enforced only to the extent of the share of those who approved it, and not for those who withheld approval. Furthermore, if the heirs approve only part of the bequest and reject the rest, it is enforced only for what they approved. The ruling follows their respective actions regarding approval or rejection.

Supporting text

If some heirs approve only a portion of the bequest, and others approve the entirety or reject it, the outcome is determined by their specific actions.