What if a just female witness testifies only to the bequest for Ghanim, without mentioning the retraction of Salim's bequest?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the heir witness does not testify to the retraction of Salim's manumission but rather testifies, being a just witness, to the bequest for Ghanim, both bequests are established. This holds true whether their values are equal or different. Both are executed if they do not exceed one-third of the estate. If they exceed one-third, a lottery (qur'ah) is cast between them, and the one chosen receives full manumission, while the other receives manumission from the remaining portion until the full one-third is exhausted. This applies equally whether one bequest preceded the other or they were simultaneous, as the order of bequests does not affect their execution from the one-third limit.