How is the valuation and execution of a valid usufruct bequest handled when it exceeds the one-third disposable portion?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a bequest, such as the service of a slave for a year, does not originate from the one-third portion of the estate, the ruling regarding its execution varies. The view held by Imam Ahmad and Al-Shafi'i is that it is executed only up to the extent of the one-third value. The evidence for this position is that a valid bequest must be executed according to its nature to the extent permitted by Sharia, just like other bequests or tangible assets.
Supporting text
Malik was of the view that if a slave's service for a year is bequeathed and does not fall within the one-third, the heirs have the option between delivering the stipulated service for a year or paying the monetary equivalent of one-third of the estate's value. The Ashab al-Ra'y and Abu Thawr held that if a slave's service for a year is bequeathed, the slave serves the legatee for one day and the heirs for two days until the legatee accrues the full year of service. If the heirs wish to sell the slave, the sale occurs subject to this prior charge.