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 وَمُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ وَعِدَّةٌ مِنْ أَصْحَابِنَا عَنْ سَهْلِ بْنِ زِيَادٍ جَمِيعاً عَنِ الْحَسَنِ بْنِ مَحْبُوبٍ عَنْ هِشَامِ بْنِ سَالِمٍ عَنْ مَالِكِ بْنِ أَعْيَنَ عَنْ أَبِي جَعْفَرٍ (عَلَيْهِ السَّلام) قَالَ سَأَلْتُهُ عَنْ نَصْرَانِيٍّ مَاتَ وَلَهُ ابْنُ أَخٍ مُسْلِمٌ وَابْنُ أُخْتٍ مُسْلِمٌ وَلِلنَّصْرَانِيِّ أَوْلادٌ وَزَوْجَةٌ نَصَارَى قَالَ فَقَالَ أَرَى أَنْ يُعْطَى ابْنُ أَخِيهِ الْمُسْلِمُ ثُلُثَيْ مَا تَرَكَ وَيُعْطَى ابْنُ أُخْتِهِ ثُلُثَ مَا تَرَكَ إِنْ لَمْ يَكُنْ لَهُ وُلْدٌ صِغَارٌ فَإِنْ كَانَ لَهُ وُلْدٌ صِغَارٌ فَإِنَّ عَلَى الْوَارِثَيْنِ أَنْ يُنْفِقَا عَلَى الصِّغَارِ مِمَّا وَرِثَا مِنْ أَبِيهِمْ حَتَّى يُدْرِكُوا قِيلَ لَهُ كَيْفَ يُنْفِقَانِ قَالَ فَقَالَ يُخْرِجُ وَارِثُ الثُّلُثَيْنِ ثُلُثَيِ النَّفَقَةِ وَيُخْرِجُ وَارِثُ الثُّلُثِ ثُلُثَ النَّفَقَةِ فَإِنْ أَدْرَكُوا قَطَعَا النَّفَقَةَ عَنْهُمْ قِيلَ لَهُ فَإِنْ أَسْلَمَ الأوْلادُ وَهُمْ صِغَارٌ قَالَ فَقَالَ يُدْفَعُ مَا تَرَكَ أَبُوهُمْ إِلَى الإمَامِ حَتَّى يُدْرِكُوا فَإِنْ بَقُوا عَلَى الإسْلامِ دَفَعَ الإمَامُ مِيرَاثَهُمْ إِلَيْهِمْ وَإِنْ لَمْ يَبْقَوْا عَلَى الإسْلامِ إِذَا أَدْرَكُوا دَفَعَ الإمَامُ مِيرَاثَهُ إِلَى ابْنِ أَخِيهِ وَابْنِ أُخْتِهِ الْمُسْلِمَيْنِ يَدْفَعُ إِلَى ابْنِ أَخِيهِ ثُلُثَيْ مَا تَرَكَ وَيَدْفَعُ إِلَى ابْنِ أُخْتِهِ ثُلُثَ مَا تَرَكَ.

1. Ali ibn Ibrahim has narrated from his father Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and a number of our people have narrated from Sahl ibn Ziyad all from al-Hassan ibn Mahbub from Hisham ibn Salim from Malik ibn ’A‘yan, who has narrated the following: “I once asked abu ‘ Abd Allah (a.s.), about the case of a Christian man who has died. The son of his brother is a Muslim and a son of his sister is a Muslim. The Christian man has children and a Christian wife. He (the Imam) said, ’Two-thirds of his legacy must be given to the son of his brother. One-third must be given to the son of his sister if he does not have any children who are small. However, if he has small children, then the heirs must pay for the maintenance of the small children from the legacy their father has left behind until they become mature.’ It then was asked from him (the Imam), ‘How must the two spend?’ He (the Imam) said, ‘The one who has received two- thirds must pay two-thirds of the maintenance and the one who has received one-third must pay one- third of maintenance until they become mature at which time they can discontinue payment for them.’ It then was asked, ‘What happens if the children become Muslims when they are small?’ He (the Imam) said, ‘Whatever their father has left behind must be given to the Imam until they become mature. If they remain Muslims the Imam gives their legacy to them. However, if they did not remain Muslims when they become mature, the Imam gives the legacy to the son of his brother and the son of his sister who are Muslims. Two-thirds of what is left is given to the son of his brother and one-third of what is left to the son of his sister.’” 

2- ابْنُ مَحْبُوبٍ عَنِ ابْنِ رِئَابٍ عَنْ أَبِي بَصِيرٍ عَنْ أَبِي جَعْفَرٍ (عَلَيْهِ السَّلام) قَالَ سَأَلْتُهُ عَنْ رَجُلٍ مُسْلِمٍ مَاتَ وَلَهُ أُمٌّ نَصْرَانِيَّةٌ وَلَهُ زَوْجَةٌ وَوُلْدٌ مُسْلِمُونَ قَالَ فَقَالَ إِنْ أَسْلَمَتْ أُمُّهُ قَبْلَ أَنْ يُقْسَمَ مِيرَاثُهُ أُعْطِيَتِ السُّدُسَ قُلْتُ فَإِنْ لَمْ يَكُنْ لَهُ امْرَأَةٌ وَلا وُلْدٌ وَلا وَارِثٌ لَهُ سَهْمٌ فِي الْكِتَابِ مِنَ الْمُسْلِمِينَ وَأُمُّهُ نَصْرَانِيَّةٌ وَلَهُ قَرَابَةٌ نَصَارَى مِمَّنْ لَهُ سَهْمٌ فِي الْكِتَابِ لَوْ كَانُوا مُسْلِمِينَ لِمَنْ يَكُونُ مِيرَاثُهُ قَالَ إِنْ أَسْلَمَتْ أُمُّهُ فَإِنَّ جَمِيعَ مِيرَاثِهِ لَهَا وَإِنْ لَمْ تُسْلِمْ أُمُّهُ وَأَسْلَمَ بَعْضُ قَرَابَتِهِ مِمَّنْ لَهُ سَهْمٌ فِي الْكِتَابِ فَإِنَّ مِيرَاثَهُ لَهُ وَإِنْ لَمْ يُسْلِمْ مِنْ قَرَابَتِهِ أَحَدٌ فَإِنَّ مِيرَاثَهُ لِلإمَامِ.

2. Ibn Mahbub has narrated from ibn Ri’ab from abu Basir who has narrated the following: “I once asked abu Ja‘far (a.s.), about the case of a Muslim man who has died and his mother is a Christian. He has a wife and Muslim children. He (the Imam) said, ‘If his mother becomes a Muslim before the legacy is distributed, she receives one-sixth.’ I then asked, ‘What happens if he does not have a wife and children or an heir with ordained shares in the book and his mother is a Christian and has other Christian relatives of those who have ordained shares in the book had they been Muslims. Who receives his legacy?’ He (the Imam) said, ‘If his mother becomes a Muslim, all of his legacy belongs to her; but if she did not become a Muslim instead certain others from his relatives become Muslims of those who have ordained shares according to the book, his legacy belongs to him. If no one from his relatives becomes a Muslim then his legacy belongs to the Imam.’” 

3- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ عَبْدِ اللهِ بْنِ مُسْكَانَ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ مَنْ أَسْلَمَ عَلَى مِيرَاثٍ قَبْلَ أَنْ يُقْسَمَ فَلَهُ مِيرَاثُهُ وَإِنْ أَسْلَمَ بَعْدَ مَا قُسِمَ فَلا مِيرَاثَ لَهُ.

3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘ Umayr from ‘Abd Allah ibn Muskan who has narrated the following: “Abu ‘Abd Allah (a.s.), has said, ‘If one becomes a Muslim before the legacy is distributed, he receives his share but if one becomes a Muslim after the legacy is distributed then there is nothing for him.’” 

4- عَلِيٌّ عَنْ أَبِيهِ عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ أَبَانٍ الأحْمَرِ عَنْ مُحَمَّدِ بْنِ مُسْلِمٍ عَنْ أَحَدِهِمَا (عَلَيْهِما السَّلام) قَالَ مَنْ أَسْلَمَ عَلَى مِيرَاثٍ قَبْلَ أَنْ يُقْسَمَ الْمِيرَاثُ فَهُوَ لَهُ وَمَنْ أَسْلَمَ بَعْدَ مَا قُسِمَ فَلا مِيرَاثَ لَهُ وَمَنْ أُعْتِقَ عَلَى مِيرَاثٍ قَبْلَ أَنْ يُقْسَمَ الْمَوَارِيثُ فَهُوَ لَهُ وَمَنْ أُعْتِقَ بَعْدَ مَا قُسِمَ فَلا مِيرَاثَ لَهُ وَقَالَ فِي الْمَرْأَةِ إِذَا أَسْلَمَتْ قَبْلَ أَنْ يُقْسَمَ الْمِيرَاثُ فَلَهَا الْمِيرَاثُ. 

4. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Aban al-Ahmar from Muhammad ibn Muslim who has narrated the following: “One of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘If one becomes a Muslim before the legacy is distributed the legacy belongs to him. If one becomes a Muslim after the legacy is distributed there is no legacy for him. If one is set free before the legacy is distributed it belongs to him but if one is set free after the legacy is distributed then there is no legacy for him.’ About the case of a woman he (the Imam) said, ‘If she becomes a Muslim before the legacy is distributed she receives her share of the legacy.’” 

Al-Kāfi - Volume 7

Book 2, Chapter 38