of his son’s share, it is valid. If he leaves two sons, the legatee takes one-third.
Whoever, during his terminal illness, emancipates a slave, sells him on concessional terms (muhābah), or gives him away as a gift, all of these actions are effective, but they are treated as coming out of the estate’s one-third ceiling and are combined with the other bequests.
If he first makes a concessional sale and thereafter emancipates, the sale has priority according to Abū Ḥanīfah; if he emancipates first and then sells on concessional terms, the two actions rank equally. Abū Yūsuf and Muḥammad maintain that emancipation has priority in both cases.
If a person bequeaths “one سهم (share) of my property,” he is entitled to the smallest share received by any of the heirs, unless that smallest share is less than one-sixth, in which case he is given a full sixth.
If he simply bequeaths “a portion” (juzʾ) of his estate, the heirs are told: “Give him whatever you wish.”
When several bequests relate to the rights of Allah Most High, the obligatory ones take precedence—whether the testator listed them first or last—such as Hajj, zakah, and expiations. As for non-obligatory acts, they are carried out in the very order specified by the testator.
If someone bequeaths the performance of the obligatory Hajj, have a man from the testator’s hometown perform it on his behalf, travelling mounted. Should the bequest be insufficient for that expense, commission the pilgrim from whatever point the funds will cover.
If a person sets out from his hometown for Hajj, dies en route, and has directed that Hajj be performed on his behalf, then—according to Abū Ḥanīfah—it is to be carried out starting from his hometown.
The bequest of a minor or of a slave under a contract of manumission (mukātab) is invalid, even if he leaves assets sufficient to fulfil it.
The testator may revoke his bequest. Explicit retraction, or any act that clearly indicates revocation, is effective; mere denial of the bequest is not.
When someone bequeaths to “his neighbours,” the term, according to Abū Ḥanīfah, refers to the adjoining neighbours only.
If he bequeaths to his aṣhār (in-laws), the bequest goes to every maḥram relative of his wife; and if he bequeaths to his akhtān, a khatan is every female relative of his own who is within the prohibited degrees of marriage.
Whoever bequeaths to “his relatives,” the bequest devolves upon the nearest, then the next nearest, among every