The Will and What it Must Consist of

The Witness for the Will

A Man Makes a Will and Appoints an Executor but he Refuses to Accept it

The Owner is more Rightful to his Property as Long as he is Living

Making a Will for the Heir

The Matters for which one can Make a Will and what is Preferable in the Issue

Another Chapter

A Man Makes a Will, then Cancels it

If the Beneficiary of a Will dies before the Death of the Testator or before Taking Possession

Executing the Will as it Requires

A Will for Setting free Slaves, Charity or al-Hajj

The Executor of the Will must Correct the Possible Violation of the Law in the Will

An Executor of the Will is held Responsible for Changing a Lawful Will

Al-Mudabbar (the Slave for whose Freedom Death of the Master is a Condition) is from One Third of the Legacy

First the Shroud, then Debts, then Will is paid for from the Legacy

The Will and Debts

One Who Sets Free a Slave and He is Indebted

The Will about a Contracted Slave

The Will of Immature Boys and Girls, the Lawful and Unlawful Matters in it

Will in Favor of Mothers of Children

The Matters Permissible in Endowment, Charity, Gift, Present, Providing Conditional Housing and Matters Permissible or otherwise for a Child and others

The Will for a Part of One’s Assets

The Will about Something of One’s Legacy

The Will about a Share of One’s Legacy

One in His Illness Confesses His Indebtedness to One of his Heirs

When certain ones of the Heirs Confirm Freeing of a Slave or Debts

The Case of One Who Leaves very Little Legacy with a Larger Amount of Debt and Dependents

The Adults whose Will is not Acceptable

Distribution of What is Bequeathed To Relatives

The Case of one who Makes a Bequest for an Adult with whom a Child must Share

The Case of One’s Appointing Two Executors for the Will, Each of whom Deals with a Certain Portion of the Legacy

Charities of the Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, Fatimah and ‘A’immah, ‘Alayhim al-Salam

Things that Reach a Deceased after his Death

The Rare Ahadith

The Case of One who Dies without a Will, Leaves behind Small Heirs and it is Sold upon Him

The Executor of the Will Hands over the Assets of Children who were Small, now Adults, but they Refuse to Take Charge, the Children who Become Adults but are not Found to be of Proper Understanding, the Limit of Adulthood

The Ordained Shares

The Legacy Comes from the Share of the One Nearest in Relationship to Him and that the Owner of Ordained Share is more Deserving than those who do not have any Ordained Share

Obligations are not Fulfilled without the Sword

Invalidity of Deficiency (in the Ordained Shares)

Another Chapter on Invalidity of al-‘Awl (deficiency or excess) and the Ordained Shares are not more than Six

Knowing to Avoid Deficiency

With the Existence of a Child and Parents no one Else Inherits Except a Husband and Wife

The Reason Why Ordained Shares are not more than Six

The Reason Why a Male’s Share is Twice the Share of a Female

The Legacy is Just for the Eldest Son

The Share of Children from the Legacy

The Share of Grandchildren in the legacy

Inheritance of Parents

Inheritance of Parents with Brothers and Sisters from the Father and Brothers and Sisters from the Mother

The Inheritance of a Son with both Parents

Inheritance of the Son, with Husband and Woman and Both Parents

Inheritance of Parents with Husband and Wife

AI-Kalalah (Burdensome one’s in Inheritance)

Inheritance of Brothers and Sisters with Children

Inheritance of the Grandfather

Brothers from a Mother with the Grandfather

Son of a Brother with a Grandfather

Inheritance of Relatives

A Woman Leaves Behind Just her Husband

A Deceased Leaves behind Just his Wife

Women do not Inherit Anything from Real Property

Dispute of Man and Woman over Household Items

Inheritance of a Boy and a Girl who are not yet Mature

The Inheritance of a Married and Mature Female before going to Bed

Inheritance of Women Divorced during Illness or without Illness

Inheritance of Relatives with Mawali

Inheritance of People Drowned and because of the Collapse of a Structure on them

Inheritance of People Killed, those who Inherit and those who do not Inherit from the Wergild

The Inheritance of a Killer

Inheritance of People of other Religions

Another Chapter on Inheritance of People of other Religions

The Inheritance of the People of Religion among them according to the Book of Allah and the Sunnah of His Holy Prophet

If a Deceased Leaves Behind Muslim and non-Muslim Heirs

Inheritance of Slaves

The Free and Slaves do not Inherit each other

Deceased leaves Behind One Free and One Owned Heir

The Inheritance Due to Special Contract

Inheritance of an Apostate

Inheritance of One who is Lost

Inheritance of the Crying Newborn Child

Inheritance of Hermaphrodite

Inheritance of the Child of Parents who Condemn Each other (al -Mula‘anah (condemnation))

Another Chapter about the Child of Mula‘anah (condemnation)

Inheritance of a Child from Fornication

The Case of a Child Carried away from his Birthplace ( al-Hamil )

Confirming of Certain Heir a Debt

1- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنْ حَمَّادِ بْنِ عِيسَى عَنْ حَرِيزٍ عَنْ مُحَمَّدِ بْنِ مُسْلِمٍ قَالَ سَأَلْتُ أَبَا عَبْدِ اللهِ (عَلَيْهِ السَّلام) عَنْ رَجُلٍ أَوْصَى بِمَالِهِ فِي سَبِيلِ اللهِ فَقَالَ أَعْطِهِ لِمَنْ أَوْصَى بِهِ لَهُ وَإِنْ كَانَ يَهُودِيّاً أَوْ نَصْرَانِيّاً إِنَّ اللهَ تَبَارَكَ وَتَعَالَى يَقُولُ فَمَنْ بَدَّلَهُ بَعْدَ ما سَمِعَهُ فَإِنَّما إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ.

1. Ali ibn Ibrahim has narrated from his father from Hammad ibn ‘Isa from Hariz from Muhammad ibn Muslim who has narrated the following: “I once asked abu ‘ Abd Allah (a.s.), about the case of a man who has made a will to spend his assets in the way of Allah. He (the Imam) said, ‘You must give it to the designated beneficiary even if he is a Christian or a Jew; Allah, most Blessed, most High, says, “Whoever intentionally changes the will of a deceased person, he has committed a sin. Allah is All-hearing and All-knowing.” (2:181)’” 

2- مُحَمَّدُ بْنُ يَحْيَى عَنْ مُحَمَّدِ بْنِ الْحُسَيْنِ عَنْ عَلِيِّ بْنِ الْحَكَمِ عَنِ الْعَلاءِ بْنِ رَزِينٍ عَنْ مُحَمَّدِ بْنِ مُسْلِمٍ عَنْ أَحَدِهِمَا (عَلَيْهِما السَّلام) فِي رَجُلٍ أَوْصَى بِمَالِهِ فِي سَبِيلِ اللهِ قَالَ أَعْطِ لِمَنْ أَوْصَى لَهُ بِهِ وَإِنْ كَانَ يَهُودِيّاً أَوْ نَصْرَانِيّاً إِنَّ اللهَ تَبَارَكَ وَتَعَالَى يَقُولُ فَمَنْ بَدَّلَهُ بَعْدَ ما سَمِعَهُ فَإِنَّما إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ.

2. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Ali ibn al-Hakam from m al-‘Ala’ ibn Razin from Muhammad ibn Muslim who has narrated the following: “This is about the case of a man who has made a will to spend his asset in the way of Allah. One of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘You must give it to the designated beneficiary even if he is a Christian or a Jew; Allah, most Blessed, most High, says, “Whoever intentionally changes the will of a deceased person, he has committed a sin. Allah is All- hearing and All-knowing.” (2:181)’” 

3- عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ سَهْلِ بْنِ زِيَادٍ عَنْ عَلِيِّ بْنِ مَهْزِيَارَ قَالَ كَتَبَ أَبُو جَعْفَرٍ (عَلَيْهِ السَّلام) إِلَى جَعْفَرٍ وَمُوسَى وَفِيمَا أَمَرْتُكُمَا مِنَ الإشْهَادِ بِكَذَا وَكَذَا نَجَاةٌ لَكُمَا فِي آخِرَتِكُمَا وَإِنْفَاذٌ لِمَا أَوْصَى بِهِ أَبَوَاكُمَا وَبِرٌّ مِنْكُمَا لَهُمَا وَاحْذَرَا أَنْ لا تَكُونَا بَدَّلْتُمَا وَصِيَّتَهُمَا وَلا غَيَّرْتُمَاهَا عَنْ حَالِهَا لأنَّهُمَا قَدْ خَرَجَا مِنْ ذَلِكَ رَضِيَ اللهُ عَنْهُمَا وَصَارَ ذَلِكَ فِي رِقَابِكُمَا وَقَدْ قَالَ اللهُ تَبَارَكَ وَتَعَالَى فِي كِتَابِهِ فِي الْوَصِيَّةِ فَمَنْ بَدَّلَهُ بَعْدَ ما سَمِعَهُ فَإِنَّما إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ إِنَّ اللهَ سَمِيعٌ عَلِيمٌ.

3. A number of our people have narrated from Sahl ibn Ziyad from Ali ibn Mahziyar from who has narrated the following: “Abu Ja‘far, Alayhi al-Salam, wrote to Ja‘far and Musa, this instruction. ‘In the matter of my commanding you to appoint witnesses to so and so issues; it is because it is for your safety and protection in the next world in matters of executing the will, as it requires, that your parents have made to you and your being kind to your parents. You must remain prudent. You must not change their will and alter it from its original condition because they are no more. May Allah be happy with them. It, however, has remained on your shoulder. Allah, most Blessed, most High, has said in His book, “Whoever intentionally changes the will of a deceased person, he has committed a sin. Allah is All-hearing and All-knowing.” (2:181)’” 

4- عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ سَهْلِ بْنِ زِيَادٍ عَنْ مُحَمَّدِ بْنِ الْوَلِيدِ عَنْ يُونُسَ بْنِ يَعْقُوبَ أَنَّ رَجُلا كَانَ بِهَمَذَانَ ذَكَرَ أَنَّ أَبَاهُ مَاتَ وَكَانَ لا يَعْرِفُ هَذَا الأمْرَ فَأَوْصَى بِوَصِيَّةٍ عِنْدَ الْمَوْتِ وَ أَوْصَى أَنْ يُعْطَى شَيْ‏ءٌ فِي سَبِيلِ اللهِ فَسُئِلَ عَنْهُ أَبُو عَبْدِ اللهِ (عَلَيْهِ السَّلام) كَيْفَ يُفْعَلُ بِهِ فَأَخْبَرْنَاهُ أَنَّهُ كَانَ لا يَعْرِفُ هَذَا الأمْرَ فَقَالَ لَوْ أَنَّ رَجُلا أَوْصَى إِلَيَّ أَنْ أَضَعَ فِي يَهُودِيٍّ أَوْ نَصْرَانِيٍّ لَوَضَعْتُهُ فِيهِمَا إِنَّ اللهَ عَزَّ وَجَلَّ يَقُولُ فَمَنْ بَدَّلَهُ بَعْدَ ما سَمِعَهُ فَإِنَّما إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ فَانْظُرُوا إِلَى مَنْ يَخْرُجُ إِلَى هَذَا الْوَجْهِ يَعْنِي [بَعْضَ] الثُّغُورِ فَابْعَثُوا بِهِ إِلَيْهِ.

4. A number of our people have narrated from Sahl ibn Ziyad from Muhammad ibn al-Walid from Yunus ibn Ya’qub who has narrated the following: “A man of Hamadan has said that his father died but he did not know this fact (the Divine Authority of A’immah). He made a will when he was about to die to give something in the way of Allah. He (the man from Hamadan) asked abu ‘Abd Allah, Alayhi al-Salam, about it and that he did not know this fact (the Divine Authority of A’immah). He (the Imam) said, ‘If the man had appointed me to execute his will to give to a Jews or Christians, I would have given it to them because Allah, most Majestic, most Glorious, says, “Whoever intentionally changes the will of a deceased person, he has committed a sin. Allah is All-hearing and All-knowing.” (2:181) You must see who serves as guards and defenders of the borders; and give it to them.’” 

5- مُحَمَّدُ بْنُ يَحْيَى عَنْ مُحَمَّدِ بْنِ أَحْمَدَ عَنْ مُحَمَّدِ بْنِ عِيسَى عَنْ مُحَمَّدِ بْنِ سُلَيْمَانَ عَنِ الْحُسَيْنِ بْنِ عُمَرَ قَالَ قُلْتُ لأبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) إِنَّ رَجُلا أَوْصَى إِلَيَّ بِشَيْ‏ءٍ فِي السَّبِيلِ فَقَالَ لِيَ اصْرِفْهُ فِي الْحَجِّ قَالَ قُلْتُ لَهُ أَوْصَى إِلَيَّ فِي السَّبِيلِ قَالَ اصْرِفْهُ فِي الْحَجِّ فَإِنِّي لا أَعْلَمُ شَيْئاً مِنْ سَبِيلِهِ أَفْضَلَ مِنَ الْحَجِّ. 

5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Isa from Muhammad ibn Sulayman from al- Husayn ibn ‘Umar who has narrated the following: “I once asked abu ‘Abd Allah, Alayhi al-Salam, about the case of a man who has made a will to spend in the way of Allah. He (the Imam) said to me to spend it for al-Haj j . I said that he has said to spend it in the way of Allah. He (the Imam) said, ‘Spend for al-Hajj because I do not see anything in His way better than al-Hajj.”’ 

Al-Kāfi - Volume 7

Book 1, Chapter 10