What is the share of the legatee if the testator bequeathed a permissible dog and had no wealth other than it?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the testator possesses only a permissible dog and no other wealth, the legatee receives one-third of that dog.
Supporting text
It has been stated that the legatee receives the entire dog even if the wealth is scarce, because scarce wealth is considered less valuable than the dog since the latter has no recognized value. Conversely, another opinion holds that the legatee receives one-third of the dog because the purpose of the bequest is to ensure the heirs receive two-thirds of the estate, and since the dog is not part of the general estate wealth, its bequest is satisfied from the allowable third.