Validity of a bequest made concurrently with establishing a fixed share (*Fard*) for an heir.

Primary text

If a person establishes a fixed share for an heir and then makes a bequest stating the bequest will not diminish the fixed share of that heir, the bequest is valid. This is because the designated heir would inherit the entire estate were it not for the bequest, so there is no distinction whether the bequest is considered from the principal capital or the remainder after the fixed share is taken.