What is the ruling on a man endowing his house, exceeding one-third, equally between his son and wife during his illness, if the son objects?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
If the son rejects the distribution, the endowment is valid for the son regarding half the house and valid for the wife regarding one-eighth of the house. The son retains the right to invalidate the endowment concerning three-eighths of the house, which reverts to him as ownership under the first view mentioned previously. Under the second view, the endowment is valid for the son concerning half the house (four-sevenths of his entitled share), with the remainder of his share reverting to him as ownership. The endowment is valid for four-sevenths of the wife's one-eighth share, and the remainder of that portion is hers as ownership.
Supporting text
This matter is also addressed based on the principle that an heir in the entirety of the estate is treated like a non-heir concerning that which exceeds the one-third limit. For the majority view, the endowment is binding on the one-third portion without the heirs' consent, but they can invalidate the excess. Abu Al-Khattab stated that the son has the right to void the entire excess (one-fourth), resulting in half his share being endowed, one-sixth owned outright, and the daughter receiving one-fourth endowed and half of the one-sixth owned outright, similar to the situation where the house is entirely within the one-third limit.