What is the ruling when the bequests (Wasaaya) exceed the total estate value?
General Chapter
Al-Mughni
Book of Bequests
Primary text
When the bequests exceed the estate, the estate must be divided among the legatees proportionally according to their specified shares, similar to the concept of 'Awl (oversubscription) in obligatory shares. This approach establishes the bequests as if they were fixed obligations (Furoodh) ordained by God for the heirs, provided they exceed the estate. This is the position held by Al-Nakha'i, Malik, and Al-Shafi'i. An example of this proportional distribution is illustrated where bequests of one-half, one-third, and one-quarter of the estate sum up to 13/12; thus, the estate is divided by 13, and the shares are distributed proportionally based on the original fractions (e.g., 6/13 for the half-share legatee). The principle is that a legatee with a greater mandated share in the initial claim does not exclusively take the surplus when the claims exceed the estate.
Supporting text
Abu Hanifa maintains a different method: the legatee with the largest claim initially takes what it exceeds the next largest claim by. They then divide the remainder if the heirs approve (Ijaazah). If the heirs reject (Radd), no single legatee receives more than one-third. If some receive less than one-third, the one with the largest claim takes the excess over the next smallest claimant, and they divide the rest by thirds.