six thousand, and one-third is three thousand. So we compare one-third to the total bequests, which gives one-half. We therefore give each person half of what was bequeathed to him: the recipient of one thousand receives five hundred; the recipient of two thousand receives one thousand; and the recipient of three thousand receives one thousand five hundred. The total is three thousand, which is one-third.
However, if he bequeaths a specified item to one person and an undivided share to another—for example, he bequeaths to one person a car worth six hundred dirhams, and to the second five hundred dirhams—and he dies leaving total assets of three thousand dirhams, while the bequests amount to one thousand one hundred, then the bequests exceed one-third. We compare the one-third, namely one thousand, to the total bequests of one thousand one hundred, and the proportion is ten elevenths.
Thus, the recipient of the car has six hundred multiplied by ten elevenths, while the recipient of the five hundred has five hundred multiplied by ten elevenths. The recipient of the five hundred thereby acquires a share in the car’s recipient’s portion, and the car becomes jointly owned.
“If he makes a bequest to an heir, but at the time of death that person is no longer an heir, it is valid; and the converse is likewise. Acceptance is considered after death, even if delayed, not before it …”
His statement, “If he makes a bequest to an heir, but at the time of death that person is no longer an heir, it is valid”: It has previously been stated that it is not permissible for him to make a bequest to an heir, whether for a small amount or a large one. The point in time at which a person’s status as an heir is considered is the time of death, not the time the bequest is made.