to each one of so-and-so and so-and-so with half of the third, or with half of the hundred, or with fifty, neither of them is entitled to more than half of the bequest, regardless of whether his partner is living or dead; because he specified his bequest in the half, so he has no right to what is beyond it.

959 - Issue; he said: (And if the legatee rejects the bequest after the death of the testator, the bequest becomes void.)

There are four scenarios regarding the rejection of a bequest: The first is that he rejects it before the death of the testator, in which case the rejection is not valid because the bequest has not yet occurred; it is like rejecting sold goods before the offer of the sale, and because it is not a subject for acceptance, it cannot be a subject for rejection, just as it was before the bequest. The second is that he rejects it after the death and before acceptance, in which case the rejection is valid and the bequest becomes void. We know of no disagreement on this, because he is waiving his right at a time when he possesses the power to accept and take it, which is like a pre-emptor waiving his right of pre-emption after the sale. The third is that he rejects it after acceptance and taking possession, in which case the rejection is not valid because his ownership has become established, making it like his rejecting his other property, unless the heirs agree to that, in which case it would be a gift from him to them that requires the conditions of a gift. The fourth is that he rejects it after acceptance and before taking possession, in which case it is considered: if the bequeathed item is something measured by volume or weight, the rejection is valid because his ownership is not established before taking possession, so it is like rejecting it before acceptance. If it is something other than that, the rejection is not valid because his ownership has become established, so it is like that which has been taken into possession. It is possible that the rejection is valid based on the view that taking possession is a factor to be considered in it. The followers of al-Shafi'i have two opinions in this situation: one of them is that rejection is valid in all cases, with no difference between that which is measured by volume or weight and other things. This is the text narrated from al-Shafi'i, because since they possess the right of rejection without acceptance, they possess the right of rejection without possession, and because the legatee's ownership is not established before possession, his rejection is valid, just as it was before acceptance. The second is that the rejection is not valid, because ownership is obtained through acceptance without possession.