What is the ruling when a sick person, having no other wealth or heirs, is gifted three separate sisters?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a sick person with no other wealth or heirs is gifted three sisters, they are freed from the principal capital. This is the position of Malik. If he purchased them, the same ruling applies according to Al-Khabiri's report from Ahmad, Ibn Al-Majishun, and the people of Basra, and some companions of Malik.
Supporting text
According to one ruling from Al-Qadi, one-third of each sister is freed, which aligns with Malik's view. In another view, all of them are freed entirely because a bequest made by someone with no heirs is valid for the entirety of their wealth, which is the sounder of two narrations. If the sick person leaves wealth from which their value can be covered by the disposable third, they are freed and inherit.