How should a third bequest (Wasiyya) equal to one-quarter of the remainder after two prior bequests be calculated?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

The calculation for a third bequest amounting to one-quarter of the remaining estate after two prior bequests must be performed using the method of *Naseeb* (shares/proportions). This involves converting remaining shares and fractions into common denominators, finding their least common multiple, and simplifying the relationship between shares and entitlements. For example, if three shares and three-quarters of a share remain, they are converted to fifteen shares equaling six entitlements, which simplifies to five shares equaling two entitlements. By inverting and adjusting, the entitlement is set to five units and the share to two units, leading to a total of twenty-seven units from which distributions are made. The first recipient receives five units, the second receives two shares (equal to one half of the remaining one-third share), and the third receives five units (one-quarter of the remainder). The final remainder is fifteen units, distributed equally among the sons, five units per son. This method is deemed the most concise.

Supporting text

The alternative method involves taking twenty-four units, subtracting one-sixth and one-quarter of the remainder, resulting in fifteen units designated as the entitlement (*Naseeb*). Further adjustments are made to the number of sons' shares by subtracting half a share and one-quarter of the remainder, leaving three-eighths. This three-eighths must be returned to the sons' shares, totaling three and three-eighths shares. Multiplying this by twenty-four yields eighty-one, from which the correct distribution is derived, which can also be reached through algebraic resolution (Jabr).