What is the ruling concerning a beneficiary receiving more than one-third when the heirs reject the bequests?
General Chapter
Al-Mughni
Book of Bequests
Primary text
Abu Hanifa, Abu Thawr, and Ibn Al-Mundhir maintain that the beneficiary in the case of rejection should not receive more than one-third, because whatever exceeds one-third is void, so how can it be used to contend with others? The proof is that when the testator favored one over the other in the bequest, equality is not imposed, similar to when one bequeaths a third and a quarter, or one hundred and two hundred from four hundred. This refutes their assertion because the bequest itself is valid as previously established, and the one-third is constrained. Thus, it is divided among them according to the bequests, like a third and a quarter.