What is the ruling when a testator makes a bequest of a single item to two individuals sequentially?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 6 · Bab 1

Open in Qurani

Primary text

It is presumed that the testator intended to share the bequest between them. Since the first bequest is established with certainty, it cannot be removed by doubt. This position is held by Al-Shafi'i, Abu Thawr, and the People of Reason, and is also held according to the madhhab of Al-Hasan, 'Ata', and Tawus, with no known dissenting opinion on this specific matter.