What is the ruling when a specific bequeathed item is partially successfully claimed or partially destroyed?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a bequest is made of a specific item and the legatee is entitled to only a portion of it, or if part of it perishes, the legatee receives what remains, provided the total claim does not exceed one-third of the estate. This is the view held by Al-Shafi'i and the proponents of opinion (Ahl al-Ra'y).