How is a specific bequeathed item valued when other specific bequests share the right to the one-third limit?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a person bequeaths a specific slave to Zayd and the remainder of the one-third (of the estate) to Amr, the slave must be valued on the day the testator dies, as that is the moment the bequest takes effect. The slave is then given to Zayd, and the remainder of the one-third is given to Amr. If nothing remains of the one-third after allocating the slave's value, Amr's bequest is void. If the slave dies after the testator's death, or if Zayd rejects the bequest, Amr's bequest is not voided. Similarly, if Zayd dies before or after the testator, the ruling stands regarding the remainder for Amr.
Supporting text
If the slave died before the testator, the estate is valued on the day of the testator's death excluding the slave's value. Then, the slave is valued as if he were alive. If there is a remainder from the one-third after accounting for the slave's estimated value, it belongs to Amr; otherwise, his bequest is void.