according to the opinion of others, the second should have a full third of him. If he bequeaths his slave to two people, and one of them rejects his bequest, the other receives half. If he bequeaths to two people two-thirds of his estate, and the heirs reject that, and one of the two legatees rejects his bequest, the other receives a full third; because he bequeathed it to him individually, and the competition has ceased, so it is completed for him, just as if he were the sole recipient.

Section: If an heir admits that his father bequeathed the third to Bishr, and another person produces two witnesses that he bequeathed the third to him, and the heir rejects both bequests, and the heir is an adult, sane, upright man, and he testifies to the bequest, the legatee takes an oath along with him, and they share the third. This is the opinion of Abu Thawr, and it is the analogical reasoning of al-Shafi'i's school. The People of Opinion (Ashab al-Ra'y) said: The one to whom the bequest was admitted does not share with him, based on their view that a witness and an oath do not constitute a legal proof. Yet it has been established that the Prophet, may Allah bless him and grant him peace, adjudicated with a witness and an oath, as narrated by Muslim. If the one making the admission is not upright, or is a woman, the third belongs to the one for whom the proof is established, because his bequest is established, whereas the other's bequest is not. If neither of them has proof, and the heir admits that he made an admission to so-and-so for a third, or for this slave, and he made an admission to so-and-so for it in continuous speech, the admitted portion is divided between them. This is the opinion of Abu Thawr and the People of Opinion, and we know of no opponent in this matter. If he admits it to one, then admits it to another in a different sitting, his admission is not accepted, because it was established for the first by his admission, so his statement is not accepted regarding what would diminish the right of the first, unless he is an upright person, so he testifies to that, and the legatee takes an oath with him, and he shares with him, just as if it were established for the first by legal proof. If he admits it to the second in the [same] sitting in continuous speech,