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 عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ حَمَّادٍ عَنِ الْحَلَبِيِّ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ أَيُّمَا رَجُلٍ وَقَعَ عَلَى وَلِيدَةِ قَوْمٍ حَرَاماً ثُمَّ اشْتَرَاهَا ثُمَّ ادَّعَى وَلَدَهَا فَإِنَّهُ لا يُوَرَّثُ مِنْهُ شَيْ‏ءٌ فَإِنَّ رَسُولَ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) قَالَ الْوَلَدُ لِلْفِرَاشِ وَلِلْعَاهِرِ الْحَجَرُ وَلا يُوَرَّثُ وَلَدَ الزِّنَا إِلا رَجُلٌ يَدَّعِي ابْنَ وَلِيدَتِهِ وَأَيُّمَا رَجُلٍ أَقَرَّ بِوَلَدِهِ ثُمَّ انْتَفَى مِنْهُ فَلَيْسَ ذَلِكَ لَهُ وَلا كَرَامَةَ يَلْحَقُ بِهِ وَلَدُهُ إِذَا كَانَ مِنِ امْرَأَتِهِ أَوْ وَلِيدَتِهِ.

1. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hammad from al-Halabiy who has narrated the following: “This is a pronouncement from abu ‘ Abd Allah (a.s.). He (the Imam) has said, Tf a man falls upon a slave-girl of a people unlawfully, then buys her and claims her child, he cannot inherit from such a child anything. It is because the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, “A child belongs to the bed (owner thereof) and for the fornicator is the stone (penalty by stoning to death with due judicial process).” A child born out of wedlock cannot be made to inherit except in the case of a man who claims the child of his newly purchased (already pregnant) slave-girl. Anyone who claims a child to be his child then rejects him, such child is not his and it is not honorable, his child is joined with him if the child is from his wife or (newly purchased) slave-girl.’” 

2- مُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنْ عَلِيِّ بْنِ سَيْفٍ عَنْ مُحَمَّدِ بْنِ الْحَسَنِ الأشْعَرِيِّ قَالَ كَتَبَ بَعْضُ أَصْحَابِنَا كِتَاباً إِلَى أَبِي جَعْفَرٍ الثَّانِي (عَلَيْهِ السَّلام) مَعِي يَسْأَلُهُ عَنْ رَجُلٍ فَجَرَ بِامْرَأَةٍ ثُمَّ إِنَّهُ تَزَوَّجَهَا بَعْدَ الْحَمْلِ فَجَاءَتْ بِوَلَدٍ وَهُوَ أَشْبَهُ خَلْقِ اللهِ بِهِ فَكَتَبَ بِخَطِّهِ وَخَاتَمِهِ الْوَلَدُ لِغَيَّةٍ لا يُوَرَّثُ.

2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn Sayf from Muhammad ibn af-Hassan al-Ash ‘ariy who has narrated the following: “Once certain persons of our people with me wrote to abu Ja’far, al-Thaniy (a.s.), asking about a man who commits the indecent act with a woman, then marries her after she becomes pregnant and gives birth to a child who of all creatures is similar to him. He (the Imam) wrote back in his handwriting the answer that said, ‘A child born out of wedlock cannot be made to inherit.’” 

3- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ مُحَمَّدِ بْنِ عِيسَى عَنْ يُونُسَ عَنْ عَلِيِّ بْنِ سَالِمٍ عَنْ يَحْيَى عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) فِي رَجُلٍ وَقَعَ عَلَى وَلِيدَةٍ حَرَاماً ثُمَّ اشْتَرَاهَا فَادَّعَى ابْنَهَا قَالَ فَقَالَ لا يُوَرَّثُ مِنْهُ إِنَّ رَسُولَ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) قَالَ الْوَلَدُ لِلْفِرَاشِ وَلِلْعَاهِرِ الْحَجَرُ وَلا يُوَرَّثُ وَلَدَ الزِّنَا إِلا رَجُلٌ يَدَّعِي ابْنَ وَلِيدَتِهِ.

3. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from Ali ibn Salim from Yahya who has narrated the following: “This is a pronouncement of abu ’Abd Allah (a.s.), about the case of a man who falls upon the slave-girl of a people in an unlawful manner. He then buys her and claims her child. He (the Imam) has said, ’He cannot inherit from such child because the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, “A child belongs to the bed (owner thereof) and the fornicator deserve stones (to be stoned to death as penalty with due judicial process).” A child born out of wedlock cannot be inherited or made to inherit except in the case of a man who claims the child of his slave-girl.’” 

4- عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ سَهْلِ بْنِ زِيَادٍ عَنْ عَلِيِّ بْنِ مَهْزِيَارَ عَنْ مُحَمَّدِ بْنِ الْحَسَنِ الأشْعَرِيِّ قَالَ كَتَبَ بَعْضُ أَصْحَابِنَا إِلَى أَبِي جَعْفَرٍ الثَّانِي (عَلَيْهِ السَّلام) مَعِي يَسْأَلُهُ عَنْ رَجُلٍ فَجَرَ بِامْرَأَةٍ ثُمَّ إِنَّهُ تَزَوَّجَهَا بَعْدَ الْحَمْلِ فَجَاءَتْ بِوَلَدٍ وَهُوَ أَشْبَهُ خَلْقِ اللهِ بِهِ فَكَتَبَ بِخَطِّهِ وَخَاتَمِهِ الْوَلَدُ لِغَيَّةٍ لا يُوَرَّثُ. عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ مُحَمَّدِ بْنِ عِيسَى عَنْ يُونُسَ قَالَ مِيرَاثُ وَلَدِ الزِّنَا لِقَرَابَاتِهِ مِنْ قِبَلِ أُمِّهِ عَلَى نَحْوِ مِيرَاثِ ابْنِ الْمُلاعَنَةِ. 

4. A number of our people have narrated from Sahl ibn Ziyad from Ali ibn Mahziyar from Muhammad ibn al-Hassan al-Ash‘ariy who has narrated the following: “Once certain persons of our people with me wrote to abu Ja’far, al-Thaniy (a.s.), asking about a man who commits the indecent act with a woman; then marries her after she becomes pregnant and gives birth to a child who of all creatures is similar to him. He (the Imam) wrote back in his handwriting the answer that said, ‘A child from the indecent act is not inherited.’” Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus who has narrated the following: “Inheritance of a child born out of wedlock belongs to the relatives of his mother like inheritance of a child of Mula‘anah (condemnation). (This is not a Hadith. It is the fatwa of Yunus and none of the many Ahadith that we have read has discussed it.) 

Al-Kāfi - Volume 7

Book 2, Chapter 56