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 الْحَسَنِ بْنِ مَحْبُوبٍ عَنْ عَمْرِو بْنِ أَبِي الْمِقْدَامِ عَنْ أَبِيهِ عَنْ سَلَمَةَ بْنِ كُهَيْلٍ قَالَ سَمِعْتُ عَلِيّاً (صَلَّى اللهُ عَلَيْهِ وَآلِه) يَقُولُ لِشُرَيْحٍ انْظُرْ إِلَى أَهْلِ الْمَعْكِ وَالْمَطْلِ وَدَفْعِ حُقُوقِ النَّاسِ مِنْ أَهْلِ الْمَقْدُرَةِ وَالْيَسَارِ مِمَّنْ يُدْلِي بِأَمْوَالِ الْمُسْلِمِينَ إِلَى الْحُكَّامِ فَخُذْ لِلنَّاسِ بِحُقُوقِهِمْ مِنْهُمْ وَبِعْ فِيهَا الْعَقَارَ وَالدِّيَارَ فَإِنِّي سَمِعْتُ رَسُولَ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) يَقُولُ مَطْلُ الْمُسْلِمِ الْمُوسِرِ ظُلْمٌ لِلْمُسْلِمِ وَمَنْ لَمْ يَكُنْ لَهُ عَقَارٌ وَلا دَارٌ وَلا مَالٌ فَلا سَبِيلَ عَلَيْهِ وَاعْلَمْ أَنَّهُ لا يَحْمِلُ النَّاسَ عَلَى الْحَقِّ إِلا مَنْ وَرَّعَهُمْ عَنِ الْبَاطِلِ ثُمَّ وَاسِ بَيْنَ الْمُسْلِمِينَ بِوَجْهِكَ وَمَنْطِقِكَ وَمَجْلِسِكَ حَتَّى لا يَطْمَعَ قَرِيبُكَ فِي حَيْفِكَ وَلا يَيْأَسَ عَدُوُّكَ مِنْ عَدْلِكَ وَرُدَّ الْيَمِينَ عَلَى الْمُدَّعِي مَعَ بَيِّنَةٍ فَإِنَّ ذَلِكَ أَجْلَى لِلْعَمَى وَأَثْبَتُ فِي الْقَضَاءِ وَاعْلَمْ أَنَّ الْمُسْلِمِينَ عُدُولٌ بَعْضُهُمْ عَلَى بَعْضٍ إِلا مَجْلُوداً فِي حَدٍّ لَمْ يَتُبْ مِنْهُ أَوْ مَعْرُوفٌ بِشَهَادَةِ زُورٍ أَوْ ظَنِينٌ وَإِيَّاكَ وَالتَّضَجُّرَ وَالتَّأَذِّيَ فِي مَجْلِسِ الْقَضَاءِ الَّذِي أَوْجَبَ اللهُ فِيهِ الأجْرَ وَيُحْسِنُ فِيهِ الذُّخْرَ لِمَنْ قَضَى بِالْحَقِّ وَاعْلَمْ أَنَّ الصُّلْحَ جَائِزٌ بَيْنَ الْمُسْلِمِينَ إِلا صُلْحاً حَرَّمَ حَلالا أَوْ أَحَلَّ حَرَاماً وَاجْعَلْ لِمَنِ ادَّعَى شُهُوداً غُيَّباً أَمَداً بَيْنَهُمَا فَإِنْ أَحْضَرَهُمْ أَخَذْتَ لَهُ بِحَقِّهِ وَإِنْ لَمْ يُحْضِرْهُمْ أَوْجَبْتَ عَلَيْهِ الْقَضِيَّةَ فَإِيَّاكَ أَنْ تُنَفِّذَ فِيهِ قَضِيَّةً فِي قِصَاصٍ أَوْ حَدٍّ مِنْ حُدُودِ اللهِ أَوْ حَقٍّ مِنْ حُقُوقِ الْمُسْلِمِينَ حَتَّى تَعْرِضَ ذَلِكَ عَلَيَّ إِنْ شَاءَ اللهُ وَلا تَقْعُدَنَّ فِي مَجْلِسِ الْقَضَاءِ حَتَّى تَطْعَمَ.

1. Ali ibn Ibrahim has narrated from his father from ibn Mahbub from ‘Amr ibn abu af-Miqdam from his father Safmah ibn Kuhayf who has narrated the following: “I heard ’ Amir al-Mu’minin, Ali (a.s.), saying to Shurayh, ’Keep an eye on those who delay payment of debts on them and on the procrastinators and on defending the rights of people against the capable and the affluent ones who throw the wealth of the Muslims to the ruling parties. Take the rights of people from them and sell for this purpose real properties and buildings; I heard the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, saying, “The procrastination of an affluent Muslim is injustice to the Muslim.” Those who do not own real properties and homes or other assets, there is no way against them. You must take notice that people cannot be made to do the right thing except by stopping them from falsehood. Be comforting for the Muslims by the appearance of your face, words and sitting manners so that people with nearness to you cannot expect you to be unjust and your adversary loses hope of your justice. Make a plaintiff to take an oath along with testimony; it clears up the blindness and confusion and solidifies the judgment. You must take notice that Muslims are all just people toward each other except those whipped for penalty who have not repented, those well- known for presenting false testimony and a doubting pessimist. You must always stay away from censuring and hurting people in an adjudicating session, for conducting of which Allah has made the recompense obligatory with good rewards for those who render the right judgment. You must keep in mind that arranging a settlement is permissible among the Muslims, except a settlement that makes the lawful as unlawful and the unlawful as lawful. You must set a time limit for those who claim to have absent witnesses. If they present such witnesses then restore their rights; but if they did not present such witnesses, then you must issue judgment against them. You must never issue a judgment in equitable retaliation or a penalty of the penalties, which Allah has sanctioned for the rights of the Muslims without first showing it to me, by the will of Allah. Do not sit (to eat) in the adjudicating session until you complete eating.”’ 

2- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ النَّوْفَلِيِّ عَنِ السَّكُونِيِّ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ قَالَ رَسُولُ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) مَنِ ابْتُلِيَ بِالْقَضَاءِ فَلا يَقْضِي وَهُوَ غَضْبَانُ.

2. 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 the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ‘One whose task is adjudication he must not take his seat to adjudicate when angry.’” 

3- وَبِهَذَا الإسْنَادِ قَالَ قَالَ أَمِيرُ الْمُؤْمِنِينَ (صَلَّى اللهُ عَلَيْهِ وَآلِه) مَنِ ابْتُلِيَ بِالْقَضَاءِ فَلْيُوَاسِ بَيْنَهُمْ فِي الإشَارَةِ وَفِي النَّظَرِ وَفِي الْمَجْلِسِ.

3. Through the same chain of narrators as that of the previous Hadith, the following is narrated: “’Amir al-Mu’minin, Ali (a.s.), has said, ‘One who has the task of adjudication must comfort people by means of his gestures, look and seating positions.’” 

4- وَبِهَذَا الإسْنَادِ أَنَّ رَجُلا نَزَلَ بِأَمِيرِ الْمُؤْمِنِينَ (عَلَيْهِ السَّلام) فَمَكَثَ عِنْدَهُ أَيَّاماً ثُمَّ تَقَدَّمَ إِلَيْهِ فِي خُصُومَةٍ لَمْ يَذْكُرْهَا لأمِيرِ الْمُؤْمِنِينَ (عَلَيْهِ السَّلام) فَقَالَ لَهُ أَخَصْمٌ أَنْتَ قَالَ نَعَمْ قَالَ تَحَوَّلْ عَنَّا إِنَّ رَسُولَ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) نَهَى أَنْ يُضَافَ الْخَصْمُ إِلا وَمَعَهُ خَصْمُهُ.

4. Through the same chain of narrators as that of the previous Hadith, the following is narrated: “A man once became a guest of ’Amir al-Mu’minin, Ali (a.s.), and stayed with him for several days. He then presented a case before him (the Imam) for adjudication, which he had not mentioned to him (the Imam) before. He (the Imam) asked, ‘Are you the plaintiff?’ The man replied, ‘Yes, I am the plaintiff.’ He (the Imam) said, ‘You must move in another place for lodging; the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has prohibited entertaining a plaintiff as a guest without the presence of the defendant.’” 

5- عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ أَحْمَدَ بْنِ أَبِي عَبْدِ اللهِ رَفَعَهُ قَالَ قَالَ أَمِيرُ الْمُؤْمِنِينَ (عَلَيْهِ السَّلام) لِشُرَيْحٍ لا تُسَارَّ أَحَداً فِي مَجْلِسِكَ وَإِنْ غَضِبْتَ فَقُمْ فَلا تَقْضِيَنَّ فَأَنْتَ غَضْبَانُ قَالَ وَقَالَ أَبُو عَبْدِ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) لِسَانُ الْقَاضِي وَرَاءَ قَلْبِهِ فَإِنْ كَانَ لَهُ قَالَ وَإِنْ كَانَ عَلَيْهِ أَمْسَكَ.

5. A number of our people have narrated from Ahmad ibn abu ‘Abd Allah in a marfu‘ manner who has narrated the following: “’Amir al-Mu’minin, Ali (a.s.), once said to Shurayh, ’You must not please anyone in your adjudicating session, and if you become angry, you must stand up and must not issue a judgment when you are angry.’ 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, ‘The tongue of a judge is behind his heart. If it is for him, he speaks; and if it is against him, he remains quiet.’” 

6- مُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنِ الْحَجَّالِ عَنْ دَاوُدَ بْنِ أَبِي يَزِيدَ عَمَّنْ سَمِعَهُ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ إِذَا كَانَ الْحَاكِمُ يَقُولُ لِمَنْ عَنْ يَمِينِهِ وَلِمَنْ عَنْ يَسَارِهِ مَا تَرَى مَا تَقُولُ فَعَلَى ذَلِكَ لَعْنَةُ اللهِ وَالْمَلائِكَةِ وَالنَّاسِ أَجْمَعِينَ أَلا يَقُومُ مِنْ مَجْلِسِهِ وَتُجْلِسُهُمْ مَكَانَهُ. 

6. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hajjal from Dawud ibn abu Yazid from the one who had heard from him (the Imam) who has narrated the following: “Abu ‘Abd Allah (a.s.), has said, ‘If a judge, to those on his right or left side, says, “What do you think, what do you say?” He is condemned by Allah, the angels and all people. Why must he not move away and make them sit in his place?”’ 

Al-Kāfi - Volume 7

Book 6, Chapter 9