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 إِسْمَاعِيلَ عَنِ الْفَضْلِ بْنِ شَاذَانَ جَمِيعاً عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ سَعْدِ بْنِ هِشَامِ بْنِ الْحَكَمِ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ قَالَ رَسُولُ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) إِنَّمَا أَقْضِي بَيْنَكُمْ بِالْبَيِّنَاتِ وَالأيْمَانِ وَبَعْضُكُمْ أَلْحَنُ بِحُجَّتِهِ مِنْ بَعْضٍ فَأَيُّمَا رَجُلٍ قَطَعْتُ لَهُ مِنْ مَالِ أَخِيهِ شَيْئاً فَإِنَّمَا قَطَعْتُ لَهُ بِهِ قِطْعَةً مِنَ النَّارِ.

1. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from all from Ibn Abi ‘Umayr from Sa‘d ibn Hisham ibn al-Hakam who has narrated the following: “Abu ‘ Abd Allah (a.s.), has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ‘I must judge among you on the basis of evidence and oath. Certain ones among you make more mistakes in their argument than others. For whomever I cut off (takes away) from the assets of his brother, I only cut off for him thereby a piece of the fire.’” 

2- عَلِيٌّ عَنْ أَبِيهِ عَنْ بَعْضِ أَصْحَابِهِ عَنْ عَاصِمِ بْنِ حُمَيْدٍ عَنْ مُحَمَّدِ بْنِ قَيْسٍ عَنْ أَبِي جَعْفَرٍ (عَلَيْهِ السَّلام) قَالَ إِنَّ نَبِيّاً مِنَ الأنْبِيَاءِ شَكَا إِلَى رَبِّهِ كَيْفَ أَقْضِي فِي أُمُورٍ لَمْ أُخْبَرْ بِبَيَانِهَا قَالَ فَقَالَ لَهُ رُدَّهُمْ إِلَيَّ وَأَضِفْهُمْ إِلَى اسْمِي يَحْلِفُونَ بِهِ.

2. Ali has narrated from his father from certain persons of his people from ‘Asem ibn Humayd from Muhammad ibn Qays who has narrated the following: “Abu Ja‘far (a.s.), has said that once one of the prophets complained before his Lord saying, ‘How can I judge in matters about which I am not informed how to deal with/ He said, ‘Leave them for Me and add them to My name by which they must swear and take an oath.’” 

3- مُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنِ الْحُسَيْنِ بْنِ سَعِيدٍ عَنْ فَضَالَةَ بْنِ أَيُّوبَ عَنْ أَبَانِ بْنِ عُثْمَانَ عَمَّنْ أَخْبَرَهُ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ فِي كِتَابِ عَلِيٍّ (صَلَّى اللهُ عَلَيْهِ وَآلِه) أَنَّ نَبِيّاً مِنَ الأنْبِيَاءِ شَكَا إِلَى رَبِّهِ الْقَضَاءَ فَقَالَ كَيْفَ أَقْضِي بِمَا لَمْ تَرَ عَيْنِي وَلَمْ تَسْمَعْ أُذُنِي فَقَالَ اقْضِ بَيْنَهُمْ بِالْبَيِّنَاتِ وَأَضِفْهُمْ إِلَى اسْمِي يَحْلِفُونَ بِهِ وَقَالَ إِنَّ دَاوُدَ (عَلَيْهِ السَّلام) قَالَ يَا رَبِّ أَرِنِي الْحَقَّ كَمَا هُوَ عِنْدَكَ حَتَّى أَقْضِيَ بِهِ فَقَالَ إِنَّكَ لا تُطِيقُ ذَلِكَ فَأَلَحَّ عَلَى رَبِّهِ حَتَّى فَعَلَ فَجَاءَهُ رَجُلٌ يَسْتَعْدِي عَلَى رَجُلٍ فَقَالَ إِنَّ هَذَا أَخَذَ مَالِي فَأَوْحَى اللهُ عَزَّ وَ جَلَّ إِلَى دَاوُدَ (عَلَيْهِ السَّلام) أَنَّ هَذَا الْمُسْتَعْدِيَ قَتَلَ أَبَا هَذَا وَأَخَذَ مَالَهُ فَأَمَرَ دَاوُدُ (عَلَيْهِ السَّلام) بِالْمُسْتَعْدِي فَقُتِلَ وَأَخَذَ مَالَهُ فَدَفَعَهُ إِلَى الْمُسْتَعْدَى عَلَيْهِ قَالَ فَعَجِبَ النَّاسُ وَتَحَدَّثُوا حَتَّى بَلَغَ دَاوُدَ (عَلَيْهِ السَّلام) وَدَخَلَ عَلَيْهِ مِنْ ذَلِكَ مَا كَرِهَ فَدَعَا رَبَّهُ أَنْ يَرْفَعَ ذَلِكَ فَفَعَلَ ثُمَّ أَوْحَى اللهُ عَزَّ وَجَلَّ إِلَيْهِ أَنِ احْكُمْ بَيْنَهُمْ بِالْبَيِّنَاتِ وَأَضِفْهُمْ إِلَى اسْمِي يَحْلِفُونَ بِهِ.

3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from ibn Faddal ibn Ayyub from Aban ibn ‘Uthman from those who narrated to him who has narrated the following: “Abu ‘Abd Allah (a.s.), has said that it is in the book of Ali (a.s.), that one of the Prophets complained before his Lord about adjudication saying, ‘How can I judge about what my eyes have not seen and my ears have not heard?’ He told him to judge among them by means of evidence and testimony and make them to swear by His name. He (the Imam) then said that Dawud ‘Alayhi al-Salam, once said, ‘O Lord, show me the reality as it is so I can judge accordingly.’ The Lord said, ‘You will not be able to bear it.’ He insisted that the reality be shown to him. A man then came with a complaint against another man for taking his assets. Allah, most Majestic, most Glorious, revealed to Dawud ‘Alayhi al-Salam, that the plaintiff has killed the father of the defendant and has taken his assets. He then issued a judgment that required the plaintiff to be executed and his assets must be given to the defendant. He (the Imam) said, ‘People were confused and they spoke about it until it reached Dawud ‘Alayhi al-Salam. He felt uncomfortable about it so he prayed before the Lord to remove what he had asked for (showing the reality). Allah, most Majestic, most Glorious, then commanded him to judge on the basis of evidence and asking them to swear by His name.’” 

4- وَعَنْهُ عَنِ النَّضْرِ بْنِ سُوَيْدٍ عَنْ هِشَامِ بْنِ سَالِمٍ عَنْ سُلَيْمَانَ بْنِ خَالِدٍ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ فِي كِتَابِ عَلِيٍّ (عَلَيْهِ السَّلام) أَنَّ نَبِيّاً مِنَ الأنْبِيَاءِ شَكَا إِلَى رَبِّهِ فَقَالَ يَا رَبِّ كَيْفَ أَقْضِي فِيمَا لَمْ أَشْهَدْ وَلَمْ أَرَ قَالَ فَأَوْحَى اللهُ عَزَّ وَجَلَّ إِلَيْهِ أَنِ احْكُمْ بَيْنَهُمْ بِكِتَابِي وَأَضِفْهُمْ إِلَى اسْمِي فَحَلِّفْهُمْ بِهِ وَقَالَ هَذَا لِمَنْ لَمْ تَقُمْ لَهُ بَيِّنَةٌ. 

4. It is narrated from the narrator of the previous Hadith from al-Nadr ibn Suwayd from Hisham ibn Salim from Sulayman ibn Khalid who has narrated the following: “Abu ‘Abd Allah (a.s.), has said that it is in the book of Ali (a.s.), that one of the Prophets complained before his Lord saying, ‘O Lord, how can I judge among people what I have not witnessed?’ Allah, most Majestic, most Glorious, then sent him revelation that said, ‘Judge among them by means of my book and making them to swear by My name.’ He (the Imam) said, ‘This is in the case of those who cannot establish evidence and testimony.’” 

Al-Kāfi - Volume 7

Book 6, Chapter 10