illness, but not for a slave granted outright emancipation during illness. This is Asbagh’s report from Ibn al-Qāsim in some transmissions of al-Utbiyyah, and Ibn al-Qāsim states something similar in al-Mudawwanah. This is unpersuasive, because outright emancipation during illness is more binding than tadbīr stipulated during illness. Do you not see that Ibn al-Mājishūn gives the former precedence over the latter when the third is insufficient? Ibn al-Qāsim holds that they share proportionately only because he considers them nearly equal in binding force. Thus, if it were held that property of which the owner was unaware is taken into account for a slave granted outright emancipation during illness, but not for a slave placed under tadbīr during illness—contrary to Asbagh’s report and Ibn al-Qāsim’s statement in al-Madaniyyah—that would be the more plausible view. Allah knows best.
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If the third is insufficient to cover the bequests, precedence is given in descending order of binding force, not chronological order. Where bequests are equally binding, their beneficiaries share proportionately in the third, even if some bequests were made before others. An exception is where the testator expressly gives some precedence over others: the bequest he has designated takes precedence in accordance with his instructions, even if other bequests are more binding, provided this does not override a disposition that he may not revoke, such as outright emancipation granted during illness or tadbīr stipulated during illness or in good health.
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Whatever must be paid out of the estate as a whole takes precedence over whatever must be paid out of the third.
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What must be discharged from the estate before inheritance shares are allotted falls into two categories:
First: what must be discharged from the estate as a whole.
Second: what must be discharged from the third.
What must be discharged from the estate as a whole likewise falls into two categories:
First: claims relating to specific assets.
Second: claims not relating to specific assets.
Claims relating to specific assets are all discharged, even if they exhaust the entire estate. Examples include