one of them is to be handed over. If he owns no dog, the bequest is void. Even if he has other property as well as several dogs and bequeaths all or some of them, the sounder view is that the bequest stands, no matter how numerous the dogs or how small the estate.

If he bequeaths “a drum” and happens to own both a drum used for amusement and another whose use is lawful—such as a battle-drum or the drum sounded for pilgrims—the wording is taken to refer to the latter. But if he explicitly bequeaths the amusement drum, the bequest is void, unless that drum could serve for battle or the pilgrimage.

Section

A testator ought not to bequeath more than one-third of his wealth. Should he exceed that limit and an heir object, the excess portion is invalid; but if the heir approves, his approval gives it effect. According to another opinion, the heir’s approval counts as a new gift, and the bequest with respect to the excess is disregarded.

The estate is evaluated on the day of death—although another view places the reckoning on the day the bequest was made. Counted within the third as well is any manumission postponed until death, and every donation completed during the testator’s terminal illness, such as a waqf (charitable endowment), a gift, a manumission, or a discharge of debt.

When several death-related donations coincide and the one-third proves insufficient, the ruling is as follows:

1. If the donations consist solely of manumissions, lots are drawn among the slaves.
2. If they are all of a single non-manumission type, the third is divided proportionally.
3. If they combine manumissions with other donations, the division is made according to monetary value.

Another opinion gives manumission priority; or, if the donations were effected outright, they are honored on a first-come, first-served basis until the third is exhausted.

If the donations were executed simultaneously and are of one genre—such as freeing several slaves or cancelling several debts in one act—lots are drawn in the case of manumission, and proportional division is applied in the others. Should the donations differ in type and be carried out by agents, then if no manumission is involved they are simply apportioned, whereas if manumission is involved they are likewise apportioned—though one opinion still accords it precedence.

Suppose the testator owns only two slaves, Sālim and Ghānim, and says, “If I free Ghānim, then Sālim is free.” If he subsequently frees Ghānim during his terminal illness, Sālim is also emancipated; otherwise, lots are drawn between them.

If he bequeaths a present asset that equals exactly one-third of his estate while the remainder of his wealth lies elsewhere, the entire asset is not delivered to the legatee at once, and the sounder view is that he is likewise not yet entitled to dispose of that one-third.