What is the ruling if a testator bequeaths a specific measure of wheat from a larger known stock (sabra), and then that stock is mixed with other grain?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a testator bequeathed a measure (qafiz) of wheat from a specific stock, and that stock is subsequently mixed with other grain, the bequest is not revoked. This applies whether the stock was mixed with wheat of the same quality, superior quality, or inferior quality. This is because the bequeathed item was already a shared, undivided portion (musha"), and it remains a shared portion.
Supporting text
It is stated that if the stock was mixed with grain of superior quality, it constitutes a revocation. This is because the heir cannot deliver the bequeathed item without delivering something superior, and the heir is not obligated to deliver superior quality, thus rendering delivery impossible.