What is the ruling when a testator bequeaths a 'share' (sahm) of his estate without specifying the fraction?
General Chapter
Al-Mughni
Book of Bequests
Primary text
When a person bequeaths 'a share' of his estate, the primary ruling, attributed to Ahmad, 'Ali, Ibn Mas'ud, Al-Hasan, and Iyas ibn Mu'awiyah, is that the beneficiary receives one-sixth (al-suds). This is supported by the Hadith narration where the Prophet peace be upon him gave one-sixth to a man who was bequeathed 'a share of the property.' Furthermore, 'share' in the common parlance of the Arabs means one-sixth, and it is the smallest fixed share inherited by a relative.
Supporting text
A secondary view suggests the beneficiary receives one share from the total number of fractional shares that constitute the total estate (e.g., if the estate is divided into 12 shares, he gets 1/12th, unless that amount exceeds one-sixth, in which case he receives one-sixth as the maximum based on certainty). Another view, held by Al-Khallal and his companion, posits that the beneficiary receives the smallest possible share among the heirs' fractions, provided it does not exceed one-sixth, as this represents the certainty. Abu Thawr suggests the share should be one out of twenty-four, as twenty-four is the largest common denominator for estate calculations. 'Ata' and 'Ikrimah hold that the beneficiary receives nothing.