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- مُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنِ ابْنِ مَحْبُوبٍ عَنِ ابْنِ سِنَانٍ قَالَ سَأَلْتُ أَبَا عَبْدِ اللهِ (عَلَيْهِ السَّلام) عَنْ رَجُلٍ تَرَكَ أَخَاهُ لأمِّهِ لَمْ يَتْرُكْ وَارِثاً غَيْرَهُ قَالَ الْمَالُ لَهُ قُلْتُ فَإِنْ كَانَ مَعَ الأخِ لِلأمِّ جَدٌّ قَالَ يُعْطَى الأخُ لِلأمِّ السُّدُسَ وَيُعْطَى الْجَدُّ الْبَاقِيَ قُلْتُ فَإِنْ كَانَ الأخُ لأبٍ وَجَدٌّ قَالَ الْمَالُ بَيْنَهُمَا سَوَاءً.

1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from ibn Sinan who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who leaves behind his brother from his mother. He (the Imam) said, ‘If he has not left other heirs besides him the legacy belongs to him.’ I then asked about a brother from a mother with a grandfather. He (the Imam) said, ‘One-sixth must be given to the brother from his mother and the rest is given to the grandfather.’ I then asked about a brother from the father and a grandfather. He (the Imam) said, ‘The legacy between them is in equal shares.’” 

2- مُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنْ مُحَمَّدِ بْنِ إِسْمَاعِيلَ وَعَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ مُحَمَّدِ بْنِ عِيسَى عَنْ يُونُسَ جَمِيعاً عَنْ مُحَمَّدِ بْنِ الْفُضَيْلِ عَنْ أَبِي الصَّبَّاحِ الْكِنَانِيِّ قَالَ سَأَلْتُ أَبَا عَبْدِ اللهِ (عَلَيْهِ السَّلام) عَنِ الإخْوَةِ مِنَ الأمِّ مَعَ الْجَدِّ قَالَ الإخْوَةُ مِنَ الأمِّ فَرِيضَتُهُمُ الثُّلُثُ مَعَ الْجَدِّ.

2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ’Isma‘il and Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus all from Muhammad ibn al-Fudayl from abu al-Sabbah al-Kinaniy who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of brothers from one’s mother, with a grandfather. He (the Imam) said, ‘The share of brothers from one’s mother with a grandfather is one- third.’” 

3- وَعَنْهُ عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ وَعَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ ابْنِ مَحْبُوبٍ عَنْ حُسَيْنِ بْنِ عُمَارَةَ عَنْ مِسْمَعٍ أَبِي سَيَّارٍ قَالَ سَأَلْتُ أَبَا عَبْدِ اللهِ (عَلَيْهِ السَّلام) عَنْ رَجُلٍ مَاتَ وَتَرَكَ إِخْوَةً وَأَخَوَاتٍ لأمٍّ وَجَدّاً قَالَ فَقَالَ الْجَدُّ بِمَنْزِلَةِ الأخِ مِنَ الأبِ لَهُ الثُّلُثَانِ وَلِلإخْوَةِ وَالأخَوَاتِ مِنَ الأمِّ الثُّلُثُ فَهُمْ فِيهِ شُرَكَاءُ سَوَاءً.

3. It is narrated from the narrator of the previous Hadith from Ahmad ibn Muhammad from and Ali ibn Ibrahim has narrated from his father from ibn Mahbub from Husayn ibn ‘Umarah from Misma‘ abu Sayyar who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who dies and leaves behind brothers and sisters from his mother and a grandfather. He (the Imam) said, ‘The grandfather is like a brother from the father. He receives two-thirds and brothers and sisters from one’s mother receive one-third who distribute it among themselves in equal shares.’” 

4- الْحُسَيْنُ بْنُ مُحَمَّدٍ الأشْعَرِيُّ عَنْ مُعَلَّى بْنِ مُحَمَّدٍ عَنِ الْحَسَنِ بْنِ عَلِيٍّ الْوَشَّاءِ عَنْ أَبَانِ بْنِ عُثْمَانَ عَنْ أَبِي بَصِيرٍ قَالَ قَالَ أَبُو جَعْفَرٍ (عَلَيْهِ السَّلام) أَعْطِ الأخَوَاتِ مِنَ الأمِّ فَرِيضَتَهُنَّ مَعَ الْجَدِّ.

4. Al-Husayn ibn Muhammad al-Ash‘ariy has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali al-Washsha’ from Aban ibn ‘Uthman from abu Basir who has narrated the following: “Abu Ja‘far (a.s.), has said, ‘Two shares belong to the sisters from one’s mother if a grandfather is with them.’” 

5- مُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنِ ابْنِ مَحْبُوبٍ عَنْ عَلِيِّ بْنِ رِئَابٍ عَنِ ابْنِ مُسْكَانَ عَنِ الْحَلَبِيِّ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) فِي الإخْوَةِ مِنَ الأمِّ مَعَ الْجَدِّ قَالَ لِلإخْوَةِ مِنَ الأمِّ مَعَ الْجَدِّ نَصِيبُهُمُ الثُّلُثُ مَعَ الْجَدِّ.

5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from Ali ibn Ri’ab from ibn Muskan from al- Halabiy who has narrated the following: “About the case of brothers from one’s mother with a grandfather, abu ‘Abd Allah (a.s.), has said, ‘The share of brothers from one’s mother is one-third if a grandfather is with them.’” 

6- حُمَيْدُ بْنُ زِيَادٍ عَنِ الْحَسَنِ بْنِ مُحَمَّدِ بْنِ سَمَاعَةَ عَنْ جَعْفَرِ بْنِ سَمَاعَةَ وَصَالِحِ بْنِ خَالِدٍ عَنْ أَبِي جَمِيلَةَ عَنْ زَيْدٍ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) فِي الإخْوَةِ مِنَ الأمِّ مَعَ الْجَدِّ قَالَ لِلإخْوَةِ مِنَ الأمِّ فَرِيضَتُهُمُ الثُّلُثُ مَعَ الْجَدِّ.

6. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from Ja‘far ibn Sama‘ah and Salih ibn Khalid from abu Jamilah from Zayd who has narrated the following: “About the case of a man who leaves behind brothers from his mother with a grandfather, abu ‘Abd Allah (a.s.), has said, ‘The ordained shares of brothers from one’s mother is one-third if a grandfather is with them.’” 

7- مُحَمَّدُ بْنُ إِسْمَاعِيلَ عَنِ الْفَضْلِ بْنِ شَاذَانَ عَنْ صَفْوَانَ عَنِ ابْنِ مُسْكَانَ عَنِ الْحَلَبِيِّ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ سَأَلْتُهُ عَنِ الإخْوَةِ مِنَ الأمِّ مَعَ الْجَدِّ فَقَالَ لِلإخْوَةِ لِلأمِّ فَرِيضَتُهُمُ الثُّلُثُ مَعَ الْجَدِّ. 

7. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from Safwan from ibn Muskan from al-Halabiy who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of brothers from one’s mother with a grandfather. He (the Imam) said, ‘The ordained share of brothers from one’s mother is one-third if a grandfather is with them.’” 

Al-Kāfi - Volume 7

Book 2, Chapter 22