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 عَنْ يُونُسَ عَنْ أَبِي أَيُّوبَ الْخَزَّازِ قَالَ سَأَلْتُ إِسْمَاعِيلَ بْنَ جَعْفَرٍ مَتَى تَجُوزُ شَهَادَةُ الْغُلامِ فَقَالَ إِذَا بَلَغَ عَشْرَ سِنِينَ قَالَ قُلْتُ وَيَجُوزُ أَمْرُهُ قَالَ فَقَالَ إِنَّ رَسُولَ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) دَخَلَ بِعَائِشَةَ وَهِيَ بِنْتُ عَشْرِ سِنِينَ وَلَيْسَ يُدْخَلُ بِالْجَارِيَةِ حَتَّى تَكُونَ امْرَأَةً فَإِذَا كَانَ لِلْغُلامِ عَشْرُ سِنِينَ جَازَ أَمْرُهُ وَجَازَتْ شَهَادَتُهُ.

1. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from abu Ayyub al-Khazzaz who has narrated the following: “I once asked Isma’il ibn Ja’far, ’When it is permissible for a boy to testify?’ He said, ’It is permissible when he becomes ten years old.’ I then asked, ‘Can he issue a command?’ He said, ‘The Messenger of Allah (sw) went to bed with ‘A’ishah when she was ten years old, and it is not permissible to go to bed with a girl unless she is a woman. When a boy becomes ten years old his commanding is permissible and his testimony is admissible.’”

2- عَلِيٌّ عَنْ أَبِيهِ عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ جَمِيلٍ قَالَ قُلْتُ لأبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) يَجُوزُ شَهَادَةُ الصِّبْيَانِ قَالَ نَعَمْ فِي الْقَتْلِ يُؤْخَذُ بِأَوَّلِ كَلامِهِ وَلا يُؤْخَذُ بِالثَّانِي مِنْهُ.

2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘ Umayr from Jamil who has narrated the following: “I once asked abu ‘ Abd Allah (a.s.), if presenting testimony by children is permissible. He (the Imam) said, ‘Yes, in the case of murder his first words are accepted but not his second ones.’” 

3- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ مُحَمَّدِ بْنِ عِيسَى عَنْ يُونُسَ عَنْ مُحَمَّدِ بْنِ حُمْرَانَ قَالَ سَأَلْتُ أَبَا عَبْدِ اللهِ (عَلَيْهِ السَّلام) عَنْ شَهَادَةِ الصَّبِيِّ قَالَ فَقَالَ لا إِلا فِي الْقَتْلِ يُؤْخَذُ بِأَوَّلِ كَلامِهِ وَلا يُؤْخَذُ بِالثَّانِي.

3. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from Muhammad ibn Humran who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the testimony of children. He (the Imam) said, ‘No, except in the case of murder, in which case his first words are accepted but his second words are not accepted.’” 

4- أَبُو عَلِيٍّ الأشْعَرِيُّ عَنْ مُحَمَّدِ بْنِ عَبْدِ الْجَبَّارِ عَنْ صَفْوَانَ عَنِ الْعَلاءِ بْنِ رَزِينٍ عَنْ مُحَمَّدِ بْنِ مُسْلِمٍ عَنْ أَحَدِهِمَا (عَلَيْهِما السَّلام) قَالَ فِي الصَّبِيِّ يُشْهَدُ عَلَى الشَّهَادَةِ قَالَ إِنْ عَقَلَهُ حِينَ يُدْرِكُ أَنَّهُ حَقٌّ جَازَتْ شَهَادَتُهُ.

4. Abu Ali al-Ash ‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from al-‘Ala’ ibn Razin from Muhammad ibn Muslim who has narrated the following: “About the case of a child if his bearing testimony to an existing testimony, he (the Imam) said, ‘If his reason can comprehend when he becomes mature that it is right, it then is permissible.’” 

5- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ النَّوْفَلِيِّ عَنِ السَّكُونِيِّ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ قَالَ أَمِيرُ الْمُؤْمِنِينَ (عَلَيْهِ السَّلام) إِنَّ شَهَادَةَ الصِّبْيَانِ إِذَا أَشْهَدُوهُمْ وَهُمْ صِغَارٌ جَازَتْ إِذَا كَبِرُوا مَا لَمْ يَنْسَوْهَا.

5. Ali ibn Ibrahim has narrated from his father from al-Nawfaliy from al-Sakuniy who has narrated the following: “Abu ‘Abd Allah (a.s.), has said that ’Amir al-Mu’minin, Ali (a.s.), has said, ‘If children are asked to bear testimony if they did so as children it is permissible, when they grow up, to present it if they have not forgotten.’” 

6- عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ سَهْلِ بْنِ زِيَادٍ عَنْ أَحْمَدَ بْنِ مُحَمَّدِ بْنِ أَبِي نَصْرٍ عَنْ جَمِيلٍ قَالَ سَأَلْتُ أَبَا عَبْدِ اللهِ (عَلَيْهِ السَّلام) عَنِ الصَّبِيِّ هَلْ تَجُوزُ شَهَادَتُهُ فِي الْقَتْلِ قَالَ يُؤْخَذُ بِأَوَّلِ كَلامِهِ وَلا يُؤْخَذُ بِالثَّانِي. 

6. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from Jamil who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about a child if he can testify in the case of murder. He (the Imam) said, ‘His first words are accepted but his second words are not accepted.’” 

Al-Kāfi - Volume 7

Book 5, Chapter 11