The bequest of one-third and the emergence of another property after a dispute
Machine translationRead the Arabic original
Question:
A man bequeathed one-third of his wealth and stated in his will that this property is equivalent to one-third of my wealth and what I have left behind. Then, after that, another property was revealed to him in which there had been a dispute, and it became clear that it belonged to him after the dispute. Is one-third to be taken from it? The heirs are in disagreement, with some saying it should be taken from it, and others saying it should not be taken from it, because he specified the one-third that he had already set aside?
Answer:
I do not enter into this case because it is a case of dispute and litigation. They should return to the Sharia court to look into it, if Allah wills. Yes.
A man bequeathed one-third of his wealth and stated in his will that this property is equivalent to one-third of my wealth and what I have left behind. Then, after that, another property was revealed to him in which there had been a dispute, and it became clear that it belonged to him after the dispute. Is one-third to be taken from it? The heirs are in disagreement, with some saying it should be taken from it, and others saying it should not be taken from it, because he specified the one-third that he had already set aside?
Answer:
I do not enter into this case because it is a case of dispute and litigation. They should return to the Sharia court to look into it, if Allah wills. Yes.
Source
ورثة العلماء — alfawzan.live (1:10:11)
The Arabic text is a machine transcription of the audio recording.