If he bequeaths “the like of the share of one of my heirs,” without specifying which heir, the beneficiary receives the amount due to the heir whose portion is the smallest. Should he say, “a share of my estate,” this is taken to mean one-sixth, the same as a fixed sixth. And if he uses the vague expressions “something,” “a part,” “a portion,” or “a share,” the legatee receives whatever amount any heir may wish to grant him.

Section

It is valid to appoint as executor a Muslim who is legally responsible, upright, and of sound judgment, even if he is a slave, provided he accepts with his master’s permission.

If, after first appointing someone, the testator later appoints Zayd as well without dismissing the first, the two share the executorship, and no one who has not been singled out (1) may exercise sole authority (2) unless the testator has expressly granted it to him.

The appointment is valid only for a specific matter that the testator is entitled to dispose of, such as settling debts, distributing the permissible one-third, or supervising his minor children under guardianship.

Whoever is appointed for a particular task does not thereby become executor for anything else, and if a debt that exhausts the estate is discovered after the executor has already distributed the property, he is not liable.

If the testator says, “Put my one-third wherever you wish,” (3) it is unlawful for the executor himself—or for his child (4)—to take any of it.

When someone dies in a place where there is neither judge nor appointed executor, one of those present takes possession of the estate and does whatever is in its best interest, such as selling property and the like.