riyals, and bequeaths something from his estate to a certain person, and the heirs give him only one riyal, then, according to the author’s view, they are discharged of their liability and he has no further claim against them. For the deceased bequeathed to him something from his estate, and this is something; thus he is given the least amount to which the term may apply. However, it should be said that this applies unless it conflicts with customary usage. If it does conflict with custom, then the matter is referred back to what the bequest entails. It is well known that someone who owns ten million and bequeaths something to a person does not mean one riyal out of ten million! That is extremely far-fetched, because the testator’s purpose is to benefit the beneficiary and to give him something from this wealth; and he would not be content for him to be given something like this. Therefore, according to the stronger view, the matter is referred back to what custom dictates, and the heir may not give him whatever he wishes.
The same applies if he says, “a portion of my wealth,” while he owns ten million, and the heir gives him a halalah, which is indeed a portion of the wealth. It cannot be said that this halalah was what the testator intended the beneficiary to be given when he owned ten million!
If he bequeaths to him something from his wealth, and the heirs give him the sleeping headcloth with which he covers himself when he sleeps, then according to the author’s view this suffices, since it is property that may be inherited and sold as part of the estate. But this cannot be maintained. Even ordinary people consider it objectionable and recognize that the testator did not intend this.
His statement, “or a share,” means that he says, “I bequeath to so-and-so a share of my wealth.” If they give him a halalah while he owns millions, this is valid according to the author’s view. But when he says, “a share of my wealth,” everyone understands it to mean a significant share.
In any case, matters such as these are referred to customary usage, not to the unrestricted lexical meaning, because people have customs and intentions that may qualify what is general, generalize what is specific, remove a restriction from what is restricted, and the like.