Which types of bows are included when a general term 'bow' is used in a bequest?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

The correct ruling is that the bequest does not include the stuffing bow (*nudu*f), the hazelnut bow (*bunduq*), or the Arabic bow (*al-'Arabiyyah*) in a region where their use is not customary. This view holds that these items are not generally referred to simply as 'bow' without qualification (such as 'cotton bow' or 'hazelnut bow') among those unfamiliar with them. The Arabic bow is known only to a specific group of Arabs and would unlikely come to the mind of the testator.

Supporting text

One opinion suggests that if the context is absent, the legatee receives one of all types by lot or heir selection because the general term covers them. Furthermore, the Arabic bow is excluded because it is not commonly known outside a specific group of Arabs, making it unlikely the testator intended it.