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- عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنْ عُثْمَانَ بْنِ عِيسَى عَنْ أَبِي أَيُّوبَ الْخَزَّازِ قَالَ سَمِعْتُ أَبَا عَبْدِ اللهِ (عَلَيْهِ السَّلام) يَقُولُ لا تَحْلِفُوا بِاللهِ صَادِقِينَ وَلا كَاذِبِينَ فَإِنَّهُ عَزَّ وَجَلَّ يَقُولُ وَلا تَجْعَلُوا اللهَ عُرْضَةً لأيْمانِكُمْ.

1. A number of our people have narrated from Ahmad ibn Muhammad from ‘Uthman ibn ‘Isa from abu Ayyub al-Khazzaz who has said the following: “I once heard abu ‘ Abd Allah (a.s.), saying, ’Do not swear by Allah, regardless, you are truthful or not truthful; Allah, most Majestic, most Glorious, says, “Do not swear by Allah unnecessarily.’” (2:224)” 

2- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ النَّوْفَلِيِّ عَنِ السَّكُونِيِّ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ قَالَ رَسُولُ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) مَنْ أَجَلَّ اللهَ أَنْ يَحْلِفَ بِهِ أَعْطَاهُ اللهُ خَيْراً مِمَّا ذَهَبَ مِنْهُ‏.

2. Ali ibn Ibrahim has narrated from his father from al-Nawfaliy from al-Sakuniy who has said 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 who delays in swearing by Allah, He grants him better than what he has lost because of the delay.’” 

3- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنْ عَمْرِو بْنِ عُثْمَانَ عَنْ عَبْدِ اللهِ بْنِ سِنَانٍ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ اجْتَمَعَ الْحَوَارِيُّونَ إِلَى عِيسَى (عَلَيْهِ السَّلام) فَقَالُوا لَهُ يَا مُعَلِّمَ الْخَيْرِ أَرْشِدْنَا فَقَالَ لَهُمْ إِنَّ مُوسَى نَبِيَّ اللهِ أَمَرَكُمْ أَنْ لا تَحْلِفُوا بِاللهِ كَاذِبِينَ وَأَنَا آمُرُكُمْ أَنْ لا تَحْلِفُوا بِاللهِ كَاذِبِينَ وَلا صَادِقِينَ.

3. Ali ibn Ibrahim has narrated from his father from ‘Amr ibn ‘Uthman from ‘Abd Allah ibn Sinan who has said the following: “Abu ‘Abd Allah (a.s.), has said that the disciples gathered around Jesus (a.s.), and said, ‘O teacher of good, give us advice.’ He said to them, ‘Musa, the Prophet of Allah has commanded you not to swear by Allah falsely, but I command you not to swear by Allah, regardless, you are truthful or false.’” 

4- عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ أَحْمَدَ بْنِ مُحَمَّدِ بْنِ خَالِدٍ عَنْ يَحْيَى بْنِ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنْ أَبِي سَلامٍ الْمُتَعَبِّدِ أَنَّهُ سَمِعَ أَبَا عَبْدِ اللهِ (عَلَيْهِ السَّلام) يَقُولُ لِسَدِيرٍ يَا سَدِيرُ مَنْ حَلَفَ بِاللهِ كَاذِباً كَفَرَ وَمَنْ حَلَفَ بِاللهِ صَادِقاً أَثِمَ إِنَّ اللهَ عَزَّ وَجَلَّ يَقُولُ وَلا تَجْعَلُوا اللهَ عُرْضَةً لأيْمانِكُمْ.

4. A number of our people have narrated from Ahmad ibn Muhammad ibn Khalid from Yahya ibn Ibrahim from his father from abu Salam al-Salam al-Muta‘abbid who has said the following: “I once heard abu ‘Abd Allah (a.s.), saying to Sadir, ‘O Sadir, one who swears by Allah, most Majestic, most Glorious, falsely as well as one who swears by Allah truthfully has sinned; Allah, most Majestic, most Glorious, says, ‘Do not swear by Allah, unless you are obligated.’ (2:224)” 

5- أَحْمَدُ بْنُ مُحَمَّدٍ عَنْ عَلِيِّ بْنِ الْحَكَمِ عَنْ عَلِيِّ بْنِ أَبِي حَمْزَةَ عَنْ أَبِي بَصِيرٍ قَالَ حَدَّثَنِي أَبُو جَعْفَرٍ (عَلَيْهِ السَّلام) أَنَّ أَبَاهُ كَانَتْ عِنْدَهُ امْرَأَةٌ مِنَ الْخَوَارِجِ أَظُنُّهُ قَالَ مِنْ بَنِي حَنِيفَةَ فَقَالَ لَهُ مَوْلًى لَهُ يَا ابْنَ رَسُولِ اللهِ إِنَّ عِنْدَكَ امْرَأَةً تَبَرَّأُ مِنْ جَدِّكَ فَقُضِيَ لأبِي أَنَّهُ طَلَّقَهَا فَادَّعَتْ عَلَيْهِ صَدَاقَهَا فَجَاءَتْ بِهِ إِلَى أَمِيرِ الْمَدِينَةِ تَسْتَعْدِيهِ فَقَالَ لَهُ أَمِيرُ الْمَدِينَةِ يَا عَلِيُّ إِمَّا أَنْ تَحْلِفَ وَإِمَّا أَنْ تُعْطِيَهَا [حَقَّهَا] فَقَالَ لِي قُمْ يَا بُنَيَّ فَأَعْطِهَا أَرْبَعَمِائَةِ دِينَارٍ فَقُلْتُ لَهُ يَا أَبَهْ جُعِلْتُ فِدَاكَ أَلَسْتَ مُحِقّاً قَالَ بَلَى يَا بُنَيَّ وَلَكِنِّي أَجْلَلْتُ اللهَ أَنْ أَحْلِفَ بِهِ يَمِينَ صَبْرٍ.

5. Ahmad ibn Muhammad has narrated from Ali ibn al-Hakam from Ali ibn abu Hamzah from abu Basir who has narrated the following: “Abu Ja‘far (a.s.), once spoke to me about his father (a.s.). He (the Imam) was with a woman of al-Khawarij, I (the narrator) think he said, ‘banu Hanifah.’ His mawla (friend or servant) said to him (the Imam), ‘O child of the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, you have a woman who denounces your grandfather.’ (Abu Ja’far (a.s.), said) ‘My father divorced her. She presented a claim for her mahr (dower) against him (the Imam) and brought him (the Imam) before the Amir (governor) of al-Madinah who asked him (the Imam), “O Ali, you must take an oath or pay her right.” He (the Imam) asked me to go and bring four hundred dinars. I then asked, “Father, I pray to Allah to keep my soul in service for your cause, were you not the rightful party?” He (the Imam) replied, “Yes, son but I because of the Glory of Allah did not want to swear by Allah which is made binding upon me.’”” 

6- مُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدِ بْنِ عِيسَى عَنْ عَلِيِّ بْنِ الْحَكَمِ عَنْ بَعْضِ أَصْحَابِنَا عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ إِذَا ادُّعِيَ عَلَيْكَ مَالٌ وَلَمْ يَكُنْ لَهُ عَلَيْكَ فَأَرَادَ أَنْ يُحَلِّفَكَ فَإِنْ بَلَغَ مِقْدَارَ ثَلاثِينَ دِرْهَماً فَأَعْطِهِ وَلا تَحْلِفْ وَإِنْ كَانَ أَكْثَرَ مِنْ ذَلِكَ فَاحْلِفْ وَلا تُعْطِهِ. 

6. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from Ali ibn al-Hakam from certain persons of our people who has narrated the following: “Abu ‘Abd Allah (a.s.), has said, ‘If someone brings a claim against you for a certain amount of assets which you do not owe to him, and he wants to make you to take an oath, if it is less than thirty dirham, you must pay and must not take an oath, but if it is more than that you can take an oath and do not give the asset.’” 

Al-Kāfi - Volume 7

Book 7, Chapter 1