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 مُحَمَّدِ بْنِ عِيسَى بْنِ عُبَيْدٍ عَنْ [يُونُسَ] عَنْ هِشَامِ بْنِ سَالِمٍ قَالَ سَأَلَ خَطَّابٌ الأعْوَرُ أَبَا إِبْرَاهِيمَ (عَلَيْهِ السَّلام) وَأَنَا جَالِسٌ فَقَالَ إِنَّهُ كَانَ عِنْدَ أَبِي أَجِيرٌ يَعْمَلُ عِنْدَهُ بِالأجْرِ فَفَقَدْنَاهُ وَبَقِيَ لَهُ مِنْ أَجْرِهِ شَيْ‏ءٌ وَلا نَعْرِفُ لَهُ وَارِثاً قَالَ فَاطْلُبُوهُ قَالَ قَدْ طَلَبْنَاهُ فَلَمْ نَجِدْهُ قَالَ فَقَالَ مَسَاكِينُ وَحَرَّكَ يَدَيْهِ قَالَ فَأَعَادَ عَلَيْهِ قَالَ اطْلُبْ وَاجْهَدْ فَإِنْ قَدَرْتَ عَلَيْهِ وَإِلا فَهُوَ كَسَبِيلِ مَالِكَ حَتَّى يَجِي‏ءَ لَهُ طَالِبٌ فَإِنْ حَدَثَ بِكَ حَدَثٌ فَأَوْصِ بِهِ إِنْ جَاءَ لَهُ طَالِبٌ أَنْ يُدْفَعَ إِلَيْهِ.

1. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa ibn ‘Ubayd from [Yunus] from Hisham ibn Salim who has narrated the following: “Khattab al-A‘war asked abu Ibrahim (a.s.), when I was sitting, ‘A man worked on hire with my father and we lost him. A certain amount from his wages was left with us and we did not know any of his heirs. He (the Imam) said, ‘You must search for him.’ He said, ‘We searched but did not find him.’ He (the Imam) said, ‘Destitute people’, making a hand gesture with his both hands. The man repeated his question. He (the Imam) said, ‘Search and try hard if you can find him, otherwise, it is like your other assets until someone comes asking for it; and if something happens to you, make a will about it to give it to the one who may come asking for it (remaining wages).”’ 

2- يُونُسُ عَنْ أَبِي ثَابِتٍ وَابْنِ عَوْنٍ عَنْ مُعَاوِيَةَ بْنِ وَهْبٍ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) فِي رَجُلٍ كَانَ لَهُ عَلَى رَجُلٍ حَقٌّ فَفَقَدَهُ وَلا يَدْرِي أَيْنَ يَطْلُبُهُ وَلا يَدْرِي أَحَيٌّ هُوَ أَمْ مَيِّتٌ وَلا يَعْرِفُ لَهُ وَارِثاً وَلا نَسَباً وَلا بَلَداً قَالَ اطْلُبْ قَالَ إِنَّ ذَلِكَ قَدْ طَالَ فَأَتَصَدَّقُ بِهِ قَالَ اطْلُبْهُ.

2. Yunus ibn Thabit and ibn ‘Awn has narrated from Mu‘awiyah ibn Wahab who has narrated the following: “This is about the case of a man who has a right on another man. However, he was lost and he did not know where to look for him, not knowing if he is dead or living. He does not know of anyone as his heir, or a town or lineage relation. He (the Imam) said, ‘He must search but if it becomes very long then he must give it in charity.’ He (the Imam) said, ‘You must search for him.’” 

3- يُونُسُ عَنْ نَصْرِ بْنِ حَبِيبٍ صَاحِبِ الْخَانِ قَالَ كَتَبْتُ إِلَى عَبْدٍ صَالِحٍ (عَلَيْهِ السَّلام) قَدْ وَقَعَتْ عِنْدِي مِائَتَا دِرْهَمٍ وَأَرْبَعَةُ دَرَاهِمَ وَأَنَا صَاحِبُ فُنْدُقٍ وَمَاتَ صَاحِبُهَا وَلَمْ أَعْرِفْ لَهُ وَرَثَةً فَرَأْيُكَ فِي إِعْلامِي حَالَهَا وَمَا أَصْنَعُ بِهَا فَقَدْ ضِقْتُ بِهَا ذَرْعاً فَكَتَبَ اعْمَلْ فِيهَا وَأَخْرِجْهَا صَدَقَةً قَلِيلا قَلِيلا حَتَّى تَخْرُجَ.

3. Yunus has narrated from Nasr ibn Habib Sahib al-Khan who has narrated the following: “I once wrote to the virtuous servant (of Allah) about two hundred and four dirham which remained with me. I own a hotel. The owner of dirham has died and I do not know any heirs for him. I need your opinion on this matter and what must I do about it; I am depressed thereby. He (the Imam) wrote and said, ‘You can work with it and give it as charity little by little until it is complete.’” 

4- يُونُسُ عَنِ الْهَيْثَمِ أَبِي رَوْحٍ صَاحِبِ الْخَانِ قَالَ كَتَبْتُ إِلَى عَبْدٍ صَالِحٍ (عَلَيْهِ السَّلام) أَنِّي أَتَقَبَّلُ الْفَنَادِقَ فَيَنْزِلُ عِنْدِيَ الرَّجُلُ فَيَمُوتُ فَجْأَةً لا أَعْرِفُهُ وَلا أَعْرِفُ بِلادَهُ وَلا وَرَثَتَهُ فَيَبْقَى الْمَالُ عِنْدِي كَيْفَ أَصْنَعُ بِهِ وَلِمَنْ ذَلِكَ الْمَالُ فَكَتَبَ (عَلَيْهِ السَّلام) اتْرُكْهُ عَلَى حَالِهِ.

4. Yunus has narrated from al-Haytham abu Ruh Sahib al-Khan who has narrated the following: “I once wrote to the virtuous servant (of Allah) that I manage hotels. A man who stays in the hotel may die suddenly and I do not know his town and his heirs; and his assets remain with me. What must I do about it? He (the Imam) wrote back, ‘You must leave it in its condition.’” 

5- يُونُسُ عَنْ إِسْحَاقَ بْنِ عَمَّارٍ قَالَ قَالَ لِي أَبُو الْحَسَنِ (عَلَيْهِ السَّلام) الْمَفْقُودُ يُتَرَبَّصُ بِمَالِهِ أَرْبَعَ سِنِينَ ثُمَّ يُقْسَمُ.

5. Yunus has narrated from Ishaq ibn ‘Ammar who has narrated the following: “Abu al-Hassan (a.s.), said to me, ‘The assets of a lost person must be kept for four years; then they are distributed.’” 

6- عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ سَهْلِ بْنِ زِيَادٍ عَنْ عَلِيِّ بْنِ مَهْزِيَارَ قَالَ سَأَلْتُ أَبَا جَعْفَرٍ الثَّانِيَ (عَلَيْهِ السَّلام) عَنْ دَارٍ كَانَتْ لامْرَأَةٍ وَكَانَ لَهَا ابْنٌ وَابْنَةٌ فَغَابَ الابْنُ بِالْبَحْرِ وَمَاتَتِ الْمَرْأَةُ فَادَّعَتِ ابْنَتُهَا أَنَّ أُمَّهَا كَانَتْ صَيَّرَتْ هَذِهِ الدَّارَ لَهَا وَبَاعَتْ أَشْقَاصاً مِنْهَا وَبَقِيَتْ فِي الدَّارِ قِطْعَةٌ إِلَى جَنْبِ دَارِ رَجُلٍ مِنْ أَصْحَابِنَا وَهُوَ يَكْرَهُ أَنْ يَشْتَرِيَهَا لِغَيْبَةِ الابْنِ وَمَا يَتَخَوَّفُ مِنْ أَنْ لا يَحِلَّ لَهُ شِرَاؤُهَا وَلَيْسَ يُعْرَفُ لِلابْنِ خَبَرٌ فَقَالَ لِي وَمُنْذُ كَمْ غَابَ فَقُلْتُ مُنْذُ سِنِينَ كَثِيرَةٍ فَقَالَ يُنْتَظَرُ بِهِ غَيْبَتُهُ عَشْرَ سِنِينَ ثُمَّ يُشْتَرَى فَقُلْتُ لَهُ فَإِذَا انْتُظِرَ بِهِ غَيْبَتُهُ عَشْرَ سِنِينَ يَحِلُّ شِرَاؤُهَا قَالَ نَعَمْ.

6. A number of our people have narrated from Sahl ibn Ziyad from Ali ibn Mahziyar from who has narrated the following: “I once asked abu Ja’far (a.s.), about the case of a house that belongs to a woman who had a son and a daughter. Her son disappeared in the ocean, the woman died and the daughter claimed that her mother had given the house to her and she sold certain parts of it. One portion was left next to the house of a man of our people, he did not like to buy it because of the disappearance of the son, and for fear that, it may not be lawful for him to buy it with no news from the son. He (the Imam) asked me, ‘For how long has he disappeared?’ I replied, ‘It is many years.’ He (the Imam) said, ‘One must wait for ten years, then buy it.’ I then asked, ‘Is it lawful to buy it after ten years?’ He (the Imam) said, ‘Yes, it is lawful.’” 

7- أَبُو عَلِيٍّ الأشْعَرِيُّ عَنْ مُحَمَّدِ بْنِ عَبْدِ الْجَبَّارِ عَنْ صَفْوَانَ عَنْ إِسْحَاقَ بْنِ عَمَّارٍ قَالَ سَأَلْتُهُ عَنْ رَجُلٍ كَانَ لَهُ وُلْدٌ فَغَابَ بَعْضُ وُلْدِهِ وَلَمْ يَدْرِ أَيْنَ هُوَ وَمَاتَ الرَّجُلُ كَيْفَ يُصْنَعُ بِمِيرَاثِ الْغَائِبِ مِنْ أَبِيهِ قَالَ يُعْزَلُ حَتَّى يَجِي‏ءَ قُلْتُ فُقِدَ الرَّجُلُ فَلَمْ يَجِئْ فَقَالَ إِنْ كَانَ وَرَثَةُ الرَّجُلِ مِلاءً بِمَالِهِ اقْتَسَمُوهُ بَيْنَهُمْ فَإِذَا جَاءَ رَدُّوهُ عَلَيْهِ. عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ سَهْلِ بْنِ زِيَادٍ عَنْ أَحْمَدَ بْنِ مُحَمَّدِ بْنِ أَبِي نَصْرٍ عَنْ حَمَّادٍ عَنْ إِسْحَاقَ بْنِ عَمَّارٍ عَنْ أَبِي إِبْرَاهِيمَ (عَلَيْهِ السَّلام) مِثْلَهُ.

7. Abu Ali al-Ash ‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from Ishaq ibn ‘Ammar who has narrated the following: “I once asked him (the Imam) (a.s.), about the case of a man who had several sons, of whom one disappeared and he did not know where he was. The man died. What must be done with the share of the legacy for the son who has disappeared? He (the Imam) said, ‘It must be kept aside until he comes? I then said, ‘The man is lost (the father died) he did not come? He (the Imam) said, ‘If the heirs are trusted for his asset, they can distribute among themselves; and when he comes then give it to him?” A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad ibn abu Nasr from Hammad from Ishaq ibn ‘Ammar from abu Ibrahim ‘Alayhi al-Salam, a similar Hadith. 

8- حُمَيْدُ بْنُ زِيَادٍ عَنِ الْحَسَنِ بْنِ مُحَمَّدِ بْنِ سَمَاعَةَ عَنِ ابْنِ رِبَاطٍ وَعَبْدِ اللهِ بْنِ جَبَلَةَ عَنْ إِسْحَاقَ بْنِ عَمَّارٍ عَنْ أَبِي الْحَسَنِ الأوَّلِ (عَلَيْهِ السَّلام) قَالَ سَأَلْتُهُ عَنْ رَجُلٍ كَانَ لَهُ وُلْدٌ فَغَابَ بَعْضُ وُلْدِهِ وَلَمْ يَدْرِ أَيْنَ هُوَ وَمَاتَ الرَّجُلُ فَأَيُّ شَيْ‏ءٍ يُصْنَعُ بِمِيرَاثِ الرَّجُلِ الْغَائِبِ مِنْ أَبِيهِ قَالَ يُعْزَلُ حَتَّى يَجِي‏ءَ قُلْتُ فَعَلَى مَالِهِ زَكَاةٌ قَالَ لا حَتَّى يَجِي‏ءَ قُلْتُ فَإِذَا جَاءَ يُزَكِّيهِ قَالَ لا حَتَّى يَحُولَ عَلَيْهِ الْحَوْلُ فِي يَدِهِ فَقُلْتُ فُقِدَ الرَّجُلُ فَلَمْ يَجِئْ قَالَ إِنْ كَانَ وَرَثَةُ الرَّجُلِ مِلاءً بِمَالِهِ اقْتَسَمُوهُ بَيْنَهُمْ فَإِذَا هُوَ جَاءَ رَدُّوهُ عَلَيْهِ.

8. Humayd ibn Ziyad from al-Hassan ibn Muhammad ibn Sama‘ah, from ibn Ribat and ‘Abd Allah ibn Jabalah from Ishaq ibn ‘Ammar who has narrated the following: “I once asked abu al-Hassan, al-Awwal (a.s.), about the case of a man who has several sons, of whom one disappeared and he did not know where he was. The man died. What must be done with his share of legacy from his father? He (the Imam) said, ‘It must be kept aside until he comes? I then asked if there is Zakat on his assets. He (the Imam) said, ‘No, there is no Zakat until he comes? I then asked if he must pay Zakat when he comes. He (the Imam) said, ‘No, until one year passes with the asset in his possession? I then said, ‘The man is lost and he has not come back? He (the Imam) said, ‘If the heirs of the man can be trusted about his assets, they can distribute it among themselves and when he comes give it to him?” 

9- مُحَمَّدُ بْنُ يَحْيَى عَنْ مُحَمَّدِ بْنِ الْحُسَيْنِ عَنْ عُثْمَانَ بْنِ عِيسَى عَنْ سَمَاعَةَ عَنْ أَبِي عَبْدِ اللهِ قَالَ (عَلَيْهِ السَّلام) الْمَفْقُودُ يَحْبِسُ مَالَهُ الْوَرَثَةُ عَلَى قَدْرِ مَا يُطْلَبُ فِي الأرْضِ أَرْبَعَ سِنِينَ فَإِنْ لَمْ يُقْدَرْ عَلَيْهِ قُسِمَ مَالُهُ بَيْنَ الْوَرَثَةِ وَإِنْ كَانَ لَهُ وُلْدٌ حُبِسَ الْمَالُ وَأُنْفِقَ عَلَى وُلْدِهِ تِلْكَ الأرْبَعَ سِنِينَ. 

9. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from ‘Uthman ibn ‘Isa from Sama‘ah, who has narrated the following: “Abu ‘Abd Allah (a.s.), has said, ‘The heirs must keep the assets of one who is lost for the duration of four years’ searching. If he is not found, his assets are distributed among the heirs. If he has children, the assets must be withheld and the expenses of his children must be provided during the four years?” 

Al-Kāfi - Volume 7

Book 2, Chapter 47