What is the ruling when a mandatory act and a voluntary act are combined in a single bequest?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a person bequeaths an obligatory act and joins it with a voluntary bequest, such as saying, 'Perform Hajj on my behalf, pay my debts, and give charity on my behalf,' the correct opinion is that the obligatory portion is taken from the main capital. This is because the conjunction in the wording does not necessitate conjunction in the legal ruling or the source of fulfillment. An example is the verse stating, 'Eat of its fruit when it yields and give its due on the day of its harvest' (Quran 141:6), where eating is voluntary but giving the due is obligatory, yet they are not treated equally regarding the source of fulfillment.
Supporting text
A second opinion suggests that both the obligatory and voluntary parts should be fulfilled from the one-third portion because the obligatory act was linked (qarin) with what is usually taken from the third (the voluntary bequest).