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 فَضَّالٍ عَنْ ثَعْلَبَةَ عَنْ صَبَّاحٍ الأزْرَقِ عَنْ حَكَمٍ الْحَنَّاطِ عَنْ أَبِي بَصِيرٍ عَنْ أَبِي جَعْفَرٍ (عَلَيْهِ السَّلام) وَحَكَمٍ عَنِ ابْنِ أَبِي يَعْفُورٍ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالا مَنْ حَكَمَ فِي دِرْهَمَيْنِ بِغَيْرِ مَا أَنْزَلَ اللهُ عَزَّ وَجَلَّ مِمَّنْ لَهُ سَوْطٌ أَوْ عَصًا فَهُوَ كَافِرٌ بِمَا أَنْزَلَ اللهُ عَزَّ وَجَلَّ عَلَى مُحَمَّدٍ (صَلَّى اللهُ عَلَيْهِ وَآلِه).

1. Ali ibn Ibrahim has narrated from his father from ibn Faddal from Thalabah from Sabbah al-Azraq from Hakam al-Hannat from abu Basir from abu Ja‘far (a.s.), and Hakam from ibn abu Ya’fur from abu ‘Abd Allah (a.s.), who has narrated the following: “The two Imam, ‘Alayhim al-Salam, have made this pronouncement. ‘One who issues judgment and he is of the people who possess whip or stick (government). Even though it is about two dirham but it is by means of something other than what Allah, most Majestic, most Glorious, has sent, he is in denial of what Allah, most Majestic, most Glorious, has sent to Muhammad (SAW).’” 

2- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ مُحَمَّدِ بْنِ حُمْرَانَ عَنْ أَبِي بَصِيرٍ قَالَ سَمِعْتُ أَبَا عَبْدِ اللهِ (عَلَيْهِ السَّلام) يَقُولُ مَنْ حَكَمَ فِي دِرْهَمَيْنِ بِغَيْرِ مَا أَنْزَلَ اللهُ عَزَّ وَجَلَّ فَهُوَ كَافِرٌ بِاللهِ الْعَظِيمِ.

2. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Muhammad ibn Humran from abu Basir who has narrated the following: “I once heard abu ‘Abd Allah (a.s.), saying, ‘One who issues judgment on the basis of something other than what Allah, most Majestic, most Glorious, has sent is in denial of the existence of Allah, the most Great.’” 

3- عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنِ الْحُسَيْنِ بْنِ سَعِيدٍ عَنْ بَعْضِ أَصْحَابِنَا عَنْ عَبْدِ اللهِ بْنِ كَثِيرٍ عَنْ عَبْدِ اللهِ بْنِ مُسْكَانَ رَفَعَهُ قَالَ قَالَ رَسُولُ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) مَنْ حَكَمَ فِي دِرْهَمَيْنِ بِحُكْمِ جَوْرٍ ثُمَّ جَبَرَ عَلَيْهِ كَانَ مِنْ أَهْلِ هَذِهِ الآيَةِ وَمَنْ لَمْ يَحْكُمْ بِما أَنْزَلَ اللهُ فَأُولئِكَ هُمُ الْكافِرُونَ فَقُلْتُ وَكَيْفَ يَجْبُرُ عَلَيْهِ فَقَالَ يَكُونُ لَهُ سَوْطٌ وَسِجْنٌ فَيَحْكُمُ عَلَيْهِ فَإِذَا رَضِيَ بِحُكُومَتِهِ وَإِلا ضَرَبَهُ بِسَوْطِهِ وَحَبَسَهُ فِي سِجْنِهِ.

3. A number of our people have narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from certain persons of our people from ‘Abd Allah ibn Kathir from ‘Abd Allah ibn Muskan in a marfu‘ manner who has narrated the following: “He (the Imam) (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 this Hadith. ‘One who issues judgment even about two dirham by means of injustice then applies it by force is of those to whom this verse of the Quran applies, “. . . those who issue judgment but not according to the laws of Allah, they are of the unbelievers.” (5:44) I then said, ‘How does he enforce on him?’ He (the Imam) said, ‘He is one who has the whip and jail. He issues judgment against him to agree with his judgment, otherwise, he beats him up with his whip and confines him in his jail.’” 

4- عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ سَهْلِ بْنِ زِيَادٍ عَنْ مُحَمَّدِ بْنِ عِيسَى عَنْ أَبِي عَبْدِ اللهِ الْمُؤْمِنِ عَنْ مُعَاوِيَةَ بْنِ وَهْبٍ قَالَ سَمِعْتُ أَبَا عَبْدِ اللهِ (عَلَيْهِ السَّلام) يَقُولُ أَيُّ قَاضٍ قَضَى بَيْنَ اثْنَيْنِ فَأَخْطَأَ سَقَطَ أَبْعَدَ مِنَ السَّمَاءِ.

4. A number of our people have narrated from Sahl ibn Ziyad from Muhammad ibn ‘Isa from ‘Abd Allah al-Mu’min from Mu‘awiyah ibn Wahab who has narrated the following: “I once heard abu ‘Abd Allah (a.s.), saying, ‘Any judge who issues a judgment between the two and makes a mistake, he falls into a depth farther than the sky.’” 

5- عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ أَحْمَدَ بْنِ مُحَمَّدِ بْنِ عِيسَى عَنِ الْحُسَيْنِ بْنِ سَعِيدٍ عَنْ فَضَالَةَ بْنِ أَيُّوبَ عَنْ دَاوُدَ بْنِ فَرْقَدٍ قَالَ حَدَّثَنِي رَجُلٌ عَنْ سَعِيدِ بْنِ أَبِي الْخَضِيبِ الْبَجَلِيِّ قَالَ كُنْتُ مَعَ ابْنِ أَبِي لَيْلَى مُزَامِلَهُ حَتَّى جِئْنَا إِلَى الْمَدِينَةِ فَبَيْنَا نَحْنُ فِي مَسْجِدِ الرَّسُولِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) إِذْ دَخَلَ جَعْفَرُ بْنُ مُحَمَّدٍ (عَلَيْهِما السَّلام) فَقُلْتُ لابْنِ أَبِي لَيْلَى تَقُومُ بِنَا إِلَيْهِ فَقَالَ وَمَا نَصْنَعُ عِنْدَهُ فَقُلْتُ نُسَائِلُهُ وَنُحَدِّثُهُ فَقَالَ قُمْ فَقُمْنَا إِلَيْهِ فَسَاءَلَنِي عَنْ نَفْسِي وَأَهْلِي ثُمَّ قَالَ مَنْ هَذَا مَعَكَ فَقُلْتُ ابْنُ أَبِي لَيْلَى قَاضِي الْمُسْلِمِينَ فَقَالَ لَهُ أَنْتَ ابْنُ أَبِي لَيْلَى قَاضِي الْمُسْلِمِينَ قَالَ نَعَمْ قَالَ تَأْخُذُ مَالَ هَذَا فَتُعْطِيهِ هَذَا وَتَقْتُلُ وَتُفَرِّقُ بَيْنَ الْمَرْءِ وَزَوْجِهِ لا تَخَافُ فِي ذَلِكَ أَحَداً قَالَ نَعَمْ قَالَ فَبِأَيِّ شَيْ‏ءٍ تَقْضِي قَالَ بِمَا بَلَغَنِي عَنْ رَسُولِ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) وَعَنْ عَلِيٍّ (عَلَيْهِ السَّلام) وَعَنْ أَبِي بَكْرٍ وَعُمَرَ قَالَ فَبَلَغَكَ عَنْ رَسُولِ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) أَنَّهُ قَالَ إِنَّ عَلِيّاً (عَلَيْهِ السَّلام) أَقْضَاكُمْ قَالَ نَعَمْ قَالَ فَكَيْفَ تَقْضِي بِغَيْرِ قَضَاءِ عَلِيٍّ (عَلَيْهِ السَّلام) وَقَدْ بَلَغَكَ هَذَا فَمَا تَقُولُ إِذَا جِي‏ءَ بِأَرْضٍ مِنْ فِضَّةٍ وَسَمَاءٍ مِنْ فِضَّةٍ ثُمَّ أَخَذَ رَسُولُ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) بِيَدِكَ فَأَوْقَفَكَ بَيْنَ يَدَيْ رَبِّكَ فَقَالَ يَا رَبِّ إِنَّ هَذَا قَضَى بِغَيْرِ مَا قَضَيْتَ قَالَ فَاصْفَرَّ وَجْهُ ابْنِ أَبِي لَيْلَى حَتَّى عَادَ مِثْلَ الزَّعْفَرَانِ ثُمَّ قَالَ لِي الْتَمِسْ لِنَفْسِكَ زَمِيلا وَاللهِ لا أُكَلِّمُكَ مِنْ رَأْسِي كَلِمَةً أَبَداً. 

5. A number of our people have narrated from Ahmad ibn Muhammad ibn ‘Isa from al-Husayn ibn Sa‘id from ibn Faddal from Dawud ibn Farqad who has narrated the following: “A man narrated to me from Sa‘id ibn abu al-Khasib al-Bajaliy who has said that once I was with ibn abu Layla’ as a travelmate until we arrived in al-Madinah. When we were in the Masjid of the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, Ja‘far ibn Muhammad, ‘Alayhim al-Salam, came in. I then said to ibn abu Layla’ to go to him (the Imam). He asked, ‘What will we do before him?’ I said, ‘Speak to him and ask him questions.’ He then said, ‘Stand up and allow us to go.’ We went before him (the Imam) and he asked me about my family and myself and asked, ‘Who is this man with you?’ I said, ‘This is ibn abu Layla’, the judge of the Muslims.’ He (the Imam) then asked, ‘Are you ibn abu Layla’ the judge of the Muslims?’ He replied, ‘Yes, I am he.’ He (the Imam) asked, ‘Do you take the assets of this and give it to this one, (issue command to) kill and separate a man from his woman without being afraid of anyone?’ He replied, ‘Yes, I do so.’ He (the Imam) then asked, ‘By what means do you judge?’ He replied, ‘I judge by means of what has come to me from the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and from Ali (a.s.), from abu Bakr and ‘Umar.’ He (the Imam) asked, ‘Has it come to your notice that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, said, “Ali is the best among you to issue judgment.’” He replied, ‘Yes, it has come to my notice.’ He (the Imam) asked, ‘Why then do you judge against the judgment of Ali (a.s.) ? You do it after knowing this fact. What will you say if an earth of gold will be brought and a sky of silver on one side? On the other hand the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, will hold your hand and make you stand before your Lord, and say, ‘This judged on the basis of something other than Your laws and judgment.’ The face of ibn abu Layla’ turned pale like saffron. He (the Imam) said to me, ‘Find another travelmate, otherwise, I will not speak to you, not even a word from my head.’” 

Al-Kāfi - Volume 7

Book 6, Chapter 3