Validity of a Bequest Equal to an Heir's Share When Another Bequest is for the Entire Estate

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a testator bequeaths the entirety of their property to one person and an amount equal to one of his heir's shares to another, according to the first view, the second legatee receives nothing, whether the heirs approve or reject. According to the second view, the two legatees divide the estate amongst themselves by five parts when approved, and the bequest portion is divided by five among them when rejected. According to the third view, they divide the estate by seven parts when approved, and the bequest portion is divided by seven among them when rejected.