What is the ruling when a testator states: 'I bequeath to you the share of one of my sons, except for one-third of what remains of the one-third (after the bequest)?'
General Chapter
Al-Mughni
Book of Bequests
Primary text
When the statement is, 'I bequeath to you the share of one of my sons, except for one-third of what remains of the one-third,' the calculation involves taking one-third of one-third, which is one-ninth (of the estate). Then, one share is added to make it one-tenth (1/10). This one-tenth constitutes the specified share for the legatee. Subsequently, one share and two-thirds (1 + 2/3) are added to the shares of the sons, and this total is multiplied by nine (the denominator derived from the initial calculation), resulting in thirty-nine. Ten parts (1/10) are paid to the legatee. From this amount, one share (representing one-third of the remainder of the one-third) is exempted. Nine parts remain for the legatee, and each son receives ten parts. This calculation arises because the excluded portion is contingent upon the remaining portion after the bequest is set aside.
Supporting text
When the testator states, 'except for one-third of what remains of the one-third after the bequest,' the entire estate is considered seven units, where six parts represent the initial estate, and one part is added. This added part constitutes the legatee's share. If one adds one share and a half to the sons' shares and multiplies by six, the total becomes twenty-seven. Seven parts are given to the legatee, and half of the remainder of the one-third is taken back from him, leaving him with six parts. The remainder is twenty-one parts, so each son receives seven parts. This structure is established because the one-third remaining after the bequest is equivalent to half after the specified bequest is accounted for.