And from every hundred there is the like of that, which is eighty dinars. If he leaves a slave whose value is one hundred and two hundred, and bequeaths to a man one hundred and the entire slave, and bequeaths the slave to another, then in the case of approval, the slave is divided between them into two halves, and the owner of the one-third is entitled to one-third of the remainder.
In the case of rejection, the one to whom the slave was bequeathed receives one-third of him, and the other receives one-third of him and one-third of the one hundred. On the other view, the owner of the slave has one-fourth of him, and the other has one-fourth of him and one-half of the one hundred, as each of them returns to one-half of his bequest. If the two bequests do not exceed the one-third, such as a man who leaves five hundred and a slave whose value is one hundred, and bequeaths to a man one-sixth of his property and to another the slave, then there is no effect of rejection here; the owner of the undivided share takes one-sixth of the property and one-seventh of the slave, and the other takes six-sevenths of him. If he bequeaths to the owner of the undivided share one-fifth of the property, he has one hundred and one-sixth of the slave, and the owner of the slave has five-sixths of him. There is also no effect of rejection; because the two bequests did not extract from the property more than one-third of it.
979 - Issue: He said: "And whoever bequeaths to his relatives, it is for the male and the female equally, and it does not exceed four ancestors, because the Prophet (may Allah bless him and grant him peace) did not go beyond the Banu Hashim with the share of the kinsman."
The summary of this is that when a man bequeaths to his relatives, or to the relatives of someone else, the bequest is for his children, the children of his father, the children of his grandfather, and the children of his grandfather's father, and the male and the female are equal in it. He does not give anything to those who are more distant than them. If he were to bequeath to the relatives of the Prophet (may Allah bless him and grant him peace), he would give to his children, the children of Abd al-Muttalib, and the children of Hashim, and he would not give anything to the Banu Abd Shams or the Banu Nawfal; because when Allah the Almighty said: "What Allah restored to His Messenger from the people of the villages is for Allah, the Messenger, and the kinsman" (Surah al-Hashr: 7), meaning the relatives of the Prophet (may Allah bless him and grant him peace), the Prophet (may Allah bless him and grant him peace) gave to those whom we mentioned, and did not give anything to those who were more distant than them, such as the Banu Abd Shams and Nawfal, except that he gave to the Banu al-Muttalib,
(12) In the margin of (M): "The correct version is one-half of the remainder." (1) In the original: "to it". (2) In (A) and (M): "and the children". (3) Omitted in the original. (4) Surah al-Hashr: 7.
