What is the validity of a bequest of an undefined item, such as 'one of my slaves'?
General Chapter
Al-Mughni
Book of Bequests
Primary text
A bequest of a non-specific item, such as 'one of my slaves' from his slaves or 'one sheep' from his flock, is valid. This view is held by Malik, Shafi'i, and Ishaq. The correct position is that the beneficiary is given one slave by lot, as no single slave is preferable to another when the bequest is unspecified. If the testator has only one slave, that slave becomes the specific object of the bequest. Similarly, if he had several slaves but all but one perished before his death, that remaining slave is specified.
Supporting text
Some narrations suggest the beneficiary receives the best item, or that the heirs may give the beneficiary whichever slave they choose, even a defective or poor one, as it fulfills the designation 'slave'. Another view suggests the beneficiary receives a fraction equivalent to the proportion specified (e.g., one-third of three slaves), regardless of specific selection.