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- مُحَمَّدُ بْنُ يَحْيَى عَنْ مُحَمَّدِ بْنِ الْحُسَيْنِ عَنْ صَفْوَانَ عَنْ شُعَيْبٍ عَنْ أَبِي بَصِيرٍ قَالَ سَأَلْتُ أَبَا عَبْدِ اللهِ (عَلَيْهِ السَّلام) عَنِ الرَّجُلِ يَأْتِي الْقَوْمَ فَيَدَّعِي دَاراً فِي أَيْدِيهِمْ وَيُقِيمُ الَّذِي فِي يَدِهِ الدَّارُ الْبَيِّنَةَ أَنَّهُ وَرِثَهَا عَنْ أَبِيهِ وَلا يَدْرِي كَيْفَ كَانَ أَمْرُهَا فَقَالَ أَكْثَرُهُمْ بَيِّنَةً يُسْتَحْلَفُ وَيُدْفَعُ إِلَيْهِ وَذَكَرَ أَنَّ عَلِيّاً (عَلَيْهِ السَّلام) أَتَاهُ قَوْمٌ يَخْتَصِمُونَ فِي بَغْلَةٍ فَقَامَتِ الْبَيِّنَةُ لِهَؤُلاءِ أَنَّهُمْ أَنْتَجُوهَا عَلَى مِذْوَدِهِمْ وَلَمْ يَبِيعُوا وَلَمْ يَهَبُوا وَأَقَامَ هَؤُلاءِ الْبَيِّنَةَ أَنَّهُمْ أَنْتَجُوهَا عَلَى مِذْوَدِهِمْ لَمْ يَبِيعُوا وَلَمْ يَهَبُوا فَقَضَى بِهَا لأكْثَرِهِمْ بَيِّنَةً وَاسْتَحْلَفَهُمْ قَالَ فَسَأَلْتُهُ حِينَئِذٍ فَقُلْتُ أَرَأَيْتَ إِنْ كَانَ الَّذِي ادَّعَى الدَّارَ فَقَالَ إِنَّ أَبَا هَذَا الَّذِي هُوَ فِيهَا أَخَذَهَا بِغَيْرِ ثَمَنٍ وَلَمْ يُقِمِ الَّذِي هُوَ فِيهَا بَيِّنَةً إِلا أَنَّهُ وَرِثَهَا عَنْ أَبِيهِ قَالَ إِذَا كَانَ أَمْرُهَا هَكَذَا فَهِيَ لِلَّذِي ادَّعَاهَا وَأَقَامَ الْبَيِّنَةَ عَلَيْهَا.

1. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Safwan from Shu’ayb from abu Basir who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who comes to a certain people and claims the house. It is in their possession but he claims to be his house. The one who has the house in his possession presents testimony that he has inherited it from his father but does not know more about it. He (the Imam) said, The party that has the greater degree of testimony is asked to take an oath and it then is given to him.’ He (the Imam) then mentioned that once a certain people came before Ali (a.s.). They had a dispute over a mule. There was testimony that this party had bred it in their barn, which they did not sell, or gift; and the other party presented testimony that they had bred it in their barn and had not sold or gifted. He (the Imam) issued a judgment in favor of the party with a greater degree of testimony and asked him to take an oath. I then asked about the one who claims a house to be his house. He (the Imam) said, Tf the father of the one who lives there had taken it without price and the one living in it did not present testimony but that he has inherited it from his father’, he (the Imam) said, Tf this is the case it then belongs to the one who has claimed it and has presented testimony.’” (In al-Masalik it is said that when testimonies contradict and the asset is in their hand they each receive one-half) 

2- مُحَمَّدُ بْنُ يَحْيَى عَنْ مُحَمَّدِ بْنِ أَحْمَدَ عَنِ الْخَشَّابِ عَنْ غِيَاثِ بْنِ كَلُّوبٍ عَنْ إِسْحَاقَ بْنِ عَمَّارٍ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) أَنَّ رَجُلَيْنِ اخْتَصَمَا إِلَى أَمِيرِ الْمُؤْمِنِينَ (عَلَيْهِ السَّلام) فِي دَابَّةٍ فِي أَيْدِيهِمَا وَأَقَامَ كُلُّ وَاحِدٍ مِنْهُمَا الْبَيِّنَةَ أَنَّهَا نُتِجَتْ عِنْدَهُ فَأَحْلَفَهُمَا عَلِيٌّ (عَلَيْهِ السَّلام) فَحَلَفَ أَحَدُهُمَا وَأَبَى الآخَرُ أَنْ يَحْلِفَ فَقَضَى بِهَا لِلْحَالِفِ فَقِيلَ لَهُ فَلَوْ لَمْ تَكُنْ فِي يَدِ وَاحِدٍ مِنْهُمَا وَأَقَامَا الْبَيِّنَةَ قَالَ أُحْلِفُهُمَا فَأَيُّهُمَا حَلَفَ وَنَكَلَ الآخَرُ جَعَلْتُهَا لِلْحَالِفِ فَإِنْ حَلَفَا جَمِيعاً جَعَلْتُهَا بَيْنَهُمَا نِصْفَيْنِ قِيلَ فَإِنْ كَانَتْ فِي يَدِ أَحَدِهِمَا وَأَقَامَا جَمِيعاً الْبَيِّنَةَ قَالَ أَقْضِي بِهَا لِلْحَالِفِ الَّذِي هِيَ فِي يَدِهِ.

2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Khashshab from Ghiyath ibn Kallub from Ishaq ibn ‘Ammar who has narrated the following: “Abu ‘Abd Allah (a.s.), has said that once two men presented their case before Amir al- Mu’minin, Ali (a.s.), about a stumper in their hand and each presented testimony that it was bred in his facilities. He (the Imam) then asked them to take an oath. One party did not take oath, then he (the Imam) issued a judgment in favor of the one who had taken the oath. It then was asked, ‘What would have happened if it was not in the hand of anyone of them and both presented testimony?’ He (the Imam) said, ‘I would ask them to take an oath. If one party took the oath and the other refused, the one who took the oath wins the case. If both of them took oath I will make it for them half and half.’ It then was asked, ‘What happens if it is in the hand of one of them and they both present testimony?’ He (the Imam) said, ‘I would issue a judgment in favor of the one who has it in his hand and takes an oath.’” 

3- الْحُسَيْنُ بْنُ مُحَمَّدٍ عَنْ مُعَلَّى بْنِ مُحَمَّدٍ عَنِ الْوَشَّاءِ عَنْ أَبَانٍ عَنْ عَبْدِ الرَّحْمَنِ بْنِ أَبِي عَبْدِ اللهِ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ كَانَ عَلِيٌّ (عَلَيْهِ السَّلام) إِذَا أَتَاهُ رَجُلانِ بِشُهُودٍ عَدْلُهُمْ سَوَاءٌ وَعَدَدُهُمْ أَقْرَعَ بَيْنَهُمْ عَلَى أَيِّهِمْ تَصِيرُ الْيَمِينُ قَالَ وَكَانَ يَقُولُ اللهُمَّ رَبَّ السَّمَاوَاتِ السَّبْعِ أَيُّهُمْ كَانَ لَهُ الْحَقُّ فَأَدِّهِ إِلَيْهِ ثُمَّ يَجْعَلُ الْحَقَّ لِلَّذِي تَصِيرُ إِلَيْهِ الْيَمِينُ إِذَا حَلَفَ.

3. Al-Husayn Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Washsha’ from Aban from ‘Abd al-Rahman ibn abu ‘Abd Allah who has narrated the following: “Abu ‘Abd Allah (a.s.), has said that ’ Amir al-Mu’minin, Ali (a.s.), whenever two people came before him with just witnesses in equal numbers, would cast a raffle about who must take the oath.’ He (the Imam) said that he (the Imam) would say, ‘O Lord of the seven heavens, whoever is right then make it available for him’ and he would decide in favor of the one whose raffle came out for taking the oath; if he took the oath.’” 

4- عَنْهُ عَنْ مُعَلَّى بْنِ مُحَمَّدٍ عَنِ الْوَشَّاءِ عَنْ دَاوُدَ بْنِ سِرْحَانَ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) فِي شَاهِدَيْنِ شَهِدَا عَلَى أَمْرٍ وَاحِدٍ وَجَاءَ آخَرَانِ فَشَهِدَا عَلَى غَيْرِ الَّذِي شَهِدَا وَاخْتَلَفُوا قَالَ يُقْرَعُ بَيْنَهُمْ فَأَيُّهُمْ قُرِعَ عَلَيْهِ الْيَمِينُ فَهُوَ أَوْلَى بِالْقَضَاءِ.

4. It is narrated from the narrator of the previous Hadith from Mu‘alla’ ibn Muhammad ibn Muhammad from al-Washsha’ from Dawud ibn Sarhan who has narrated the following: “About the case of two witnesses who testify about one thing and two others testify differently, abu ‘Abd Allah (a.s.), has said that a raffle must be arranged and whoever ’s name comes out to take an oath then judgment must be issued in his favor.’” 

5- مُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنِ ابْنِ فَضَّالٍ عَنْ أَبِي جَمِيلَةَ عَنْ سِمَاكِ بْنِ حَرْبٍ عَنْ تَمِيمِ بْنِ طَرَفَةَ أَنَّ رَجُلَيْنِ عَرَفَا بَعِيراً فَأَقَامَ كُلُّ وَاحِدٍ مِنْهُمَا بَيِّنَةً فَجَعَلَهُ أَمِيرُ الْمُؤْمِنِينَ (عَلَيْهِ السَّلام) بَيْنَهُمَا.

5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from abu Jamilah from Sammak ibn Harb from Tamim ibn Tarafah who has narrated the following: “Once, two men recognized a camel and each one presented testimony. ’ Amir al-Mu’minin, Ali (a.s.), made it half and half for them.’” 

6- مُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنْ مُحَمَّدِ بْنِ يَحْيَى عَنْ غِيَاثِ بْنِ إِبْرَاهِيمَ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) أَنَّ أَمِيرَ الْمُؤْمِنِينَ (عَلَيْهِ السَّلام) اخْتَصَمَ إِلَيْهِ رَجُلانِ فِي دَابَّةٍ وَكِلاهُمَا أَقَامَ الْبَيِّنَةَ أَنَّهُ أَنْتَجَهَا فَقَضَى بِهَا لِلَّذِي هِيَ فِي يَدِهِ وَقَالَ لَوْ لَمْ تَكُنْ فِي يَدِهِ جَعَلْتُهَا بَيْنَهُمَا نِصْفَيْنِ. 

6. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Yahya from Ghiyath ibn Ibrahim who has narrated the following: “Abu ‘ Abd Allah (a.s.), has said that once two men presented their case before Amir al- Mu’minin, Ali (a.s.), about a stumper and both presented testimony that he has bred it in his facilities. He (the Imam) issued a judgment in favor of the one who had it in his possession saying, ‘Had it not been in his possession I would make it one-half for each one of them.’” 

Al-Kāfi - Volume 7

Book 6, Chapter 16