and to another a slave, then he said: "So-and-so is their partner." He is entitled to half of what each one of them has. Al-Khabari mentioned this because here he is participating with each one of them individually, and partnership implies equalization; hence he is entitled to half, unlike the first two cases, for they are all partners. Ibn al-Qasim said: "He is entitled to a fourth in all of them."

Section: If he bequeaths the equivalent of the share of an heir as if he were [present], then estimate the heir as being present, and look at what the legatee receives with his existence; it is what he receives in his absence. If he leaves behind two sons and bequeaths the equivalent of the share of a third [as if he were present], the legatee is entitled to a fourth. If he bequeaths the equivalent of the share of a fifth [as if he were present], the legatee is entitled to a sixth. This applies perpetually. If she leaves behind a husband and a sister, and she bequeaths the equivalent of the share of a mother as if she were present, the legatee is entitled to a fifth, because the mother would have a fourth if she were present; thus, you give her a share added to four, which makes it a fifth. Use this as an analogy.

963 - Issue: He said: "And if he leaves behind three sons and bequeaths to another the equivalent of the share of one of them, the legatee is entitled to a fourth."

This is the statement of the majority of scholars, among them: al-Sha'bi, al-Nakha'i, al-Thawri, al-Shafi'i, and the scholars of opinion (Ashab al-Ra'y). According to Malik and those who agree with him, the legatee is entitled to a third, and the remainder is among the sons (1). It is valid as out of nine. We have already demonstrated its invalidity. If he leaves behind one son and bequeaths the equivalent of his share, the legatee is entitled to half in the case of consent, and a third in the case of rejection. According to Malik, the legatee is entitled to the entire estate in the case of consent.

Section: If he leaves behind a daughter and bequeaths the equivalent of her share, the ruling concerning it is the same as the ruling if there were