How is a second bequest calculated if it is stipulated as half of the remaining third?
General Chapter
Al-Mughni
Book of Bequests
Primary text
When the second bequest (Wasiyya) is stipulated as half of the remaining portion of the one-third allowed for bequests, the calculation proceeds by determining a common denominator (the initial six parts for the third). This denominator is reduced by one, leaving five parts as the share for the first beneficiary (Naseeb). This five is then increased by one part more than the sons' shares and multiplied by the denominator, resulting in twenty-four parts, from which three parts are subtracted, yielding twenty-one as the total estate value. The first beneficiary receives five parts. From the remaining two parts of the original third, one part is given to the second legatee, leaving fifteen parts remaining in the estate for the sons, resulting in five parts for each son. An alternative calculation method involves adding half to the sons' shares and multiplying by the denominator, resulting in twenty-one. A third method requires following the initial steps until reaching seven, which is then multiplied by three because the second bequest is for half of the third.
Supporting text
A fourth method involves setting the third as two shares plus one share for the first legatee. This share is paid to him, and one share is paid to the other legatee. Five shares and two shares remain; the two shares are paid to the two sons, leaving five shares for the third beneficiary, which constitutes the initial share (Naseeb). When this is expanded, the total is twenty-one. The method of algebraic completion (al-Jabr) involves taking the total wealth, subtracting one-third as the share, and paying the other legatee half of the remaining third. This leaves five-sixths of the wealth minus half a share. Compounding this by adding half a share to the sons' shares results in three and a half shares equating to five-sixths. Inverting and transforming this yields the share as five, and each unit share as six, resulting in a total of twenty-one.