How are the two differing narrations reconciled regarding the distribution of the bequeathed third?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The two narrations can be reconciled by considering the nature of the assets. The first narration, where the entirety of the third is paid from the executor's holding, applies when the estate consists of a single uniform asset type (genus unum). In this case, waiting for the heirs to extract their portion is considered futile because the assets are identical.
Supporting text
The second narration, which restricts the executor to paying only one-third of what he possesses without compensating for the heirs' holdings, applies when the assets are of mixed types (mixed genera). Since the bequest pertains to one-third of each type of asset, the executor cannot substitute an asset from his holding for the heirs' portion, as this substitution constitutes a transaction requiring the heirs' consent.