What is the ruling on the increase (Nama') of the bequeathed asset (Mawsooh Bihi)?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the increase is continuous, such as rendered fat or the teaching of its preparation, it is subordinate to the asset itself and belongs to the legatee, provided it is covered within the one-third bequest limit. If the increase is separate, such as offspring or fruit during the testator's lifetime, it belongs to the testator and thus passes to his heirs because it was his property. The ruling for growth occurring after death but before acceptance of the bequest is contingent upon ownership in the legatee, but the sound opinion holds that such growth belongs to the heirs.

Supporting text

The alternative opinion is that the increase belongs to the legatee, meaning the one who holds the ownership has the right to the growth.