What is the ruling when a lawful heir admits his father bequeathed one-third to someone, and another individual presents two witnesses claiming the testator bequeathed one-third to him?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the admitting heir is upright and just (*'Adil*), and he affirms the bequest, the legatee must swear an oath alongside him, and they share the one-third bequest. This is the position adopted by Abu Thawr and is consistent with the principle of Imam Shafi'i's school. The evidence is established by the Prophet's ruling of judgment based on a single witness and an oath, as narrated by Muslim.

Supporting text

The proponents of the opinion of the People of Reason (*Ahl al-Ra'y*) rule that the claimant does not share the bequest because they hold that judgment based on a witness and an oath is not a legally sufficient proof (*Hujjah Shar'iyyah*).