He is to be given whatever falls under the customary designation. If he bequeaths one-third of his estate, then subsequently acquires wealth—even blood money—it is included in the bequest. ..........
The author says, “He is to be given whatever falls under the customary designation.” Thus, he is to be given one of the slaves—the least valuable one—unless the heirs approve otherwise. If they approve, the matter is up to them; otherwise, he is given whatever is called a slave, even if he is uneducated.
If someone asks: Is he to be given an insane slave?
The answer is no, because the apparent intent of the testator is that the beneficiary should derive benefit from what has been bequeathed, whereas an insane person is of no benefit; rather, he is a burden and a hardship. He is therefore to be given a sane slave, whether educated or uneducated, strong or weak.
With regard to the ewe, the author says, “He is to be given whatever falls under the customary designation.” Thus, if people customarily use the term “ewe” for a female sheep, he is to be given a female sheep. If customary usage differs from the linguistic meaning, customary usage takes precedence, because people’s words are understood according to what they themselves recognize. Linguistically, the term “sheep” applies to both males and females among sheep and goats, but in customary usage it is more specific: it applies only to a female sheep.
Thus, if the heirs say, “We will give you a billy goat,” or “a she-goat,” he may say, “No.” If they offer him a ram, he may likewise say, “No.” He has this right on the basis that customary usage is given precedence, and this is the correct view. If, however, we were to say that the linguistic meaning is to be followed, the heirs could give him whichever of these kinds they wished.
From the author’s words, may Allah have mercy on him, we learn that customary usage takes precedence in the expressions people use, and such expressions are understood according to their customary meanings. This is the sound and correct principle—not only in this particular issue, but in all matters: people’s words are to be understood according to what they customarily recognize.