afterward, the legatee has nothing. Ibn al-Mundhir reported this consensus, saying: "Everyone I have memorized among the scholars has reached a consensus that if a man is bequeathed something, and that thing perishes, he has nothing in the rest of the deceased's estate." This is because the legatee only gains entitlement through the bequest, which was attached to a specific item, and since it has disappeared, his right has disappeared, just as if it had perished while in his own possession. The estate in the hands of the heirs is not guaranteed by them; because it came into their possession without their action or negligence, so they do not guarantee anything. If the entire estate perishes except for that [bequeathed] item, it belongs to the legatee; because the right of the heirs did not attach to it due to its specification for the legatee, and he is entitled to take it without their consent or permission. Thus, his right in it is independent of the rest of the wealth, and their rights in the rest of the wealth are independent of it; so whichever of them perishes, the other does not share in his right, just as if the loss occurred after the legatee had taken and received it, or like heirs if they divide [the estate] and then the share of one of them perishes. Ahmad said, regarding one who left behind two hundred dinars and a slave worth one hundred, and bequeathed the slave to a man, then the dinars were stolen after his death: "The slave belongs to the legatee."

Section: If he bequeaths a specific item to him, and part of it is claimed by another or it perishes, he receives what remains of it, provided it is covered by the third [of the estate]. If he bequeaths to him a third of a slave or a third of a house, and two-thirds of it are claimed, the remaining third belongs to the legatee. This is the opinion of al-Shafi'i and the scholars of opinion (ashab al-ra'y); because the remainder is entirely the subject of the bequest, and it has come out of the third, so the legatee is entitled to it, just as if it were a specific object. If he bequeaths to him a third of three slaves, and two slaves perish or are claimed, he has nothing but a third of what remains. Al-Shafi'i and the scholars of opinion also said this; because he did not bequeath him more than a third from what remains, and he has associated him with his heirs in the entitlement.

991 - Issue: He said: (And whoever is bequeathed something and does not take it for a period of time, it is valued at the time of death, not at the time of taking.)

The sum of it is that the consideration for the value of the bequeathed item and whether it falls within the third or not,