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 عَنْ حَمَّادِ بْنِ عِيسَى عَنْ رِبْعِيٍّ عَنْ مُحَمَّدِ بْنِ مُسْلِمٍ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ إِنْ أَوْصَى رَجُلٌ إِلَى رَجُلٍ وَهُوَ غَائِبٌ فَلَيْسَ لَهُ أَنْ يَرُدَّ وَصِيَّتَهُ فَإِنْ أَوْصَى إِلَيْهِ وَهُوَ بِالْبَلَدِ فَهُوَ بِالْخِيَارِ إِنْ شَاءَ قَبِلَ وَإِنْ شَاءَ لَمْ يَقْبَلْ.

1. Ali ibn Ibrahim has narrated from his father from Hammad ibn ‘Isa from Rib‘iy from Muhammad ibn Muslim who has narrated the following: “If one makes a will and appoints a certain person as the executor of the will who is not present in town he cannot refuse to accept the appointment, but if he is town he has the choice to accept or refuse it.’” 

2- مُحَمَّدُ بْنُ إِسْمَاعِيلَ عَنِ الْفَضْلِ بْنِ شَاذَانَ عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ رِبْعِيٍّ عَنْ فُضَيْلٍ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) فِي رَجُلٍ يُوصَى إِلَيْهِ فَقَالَ إِذَا بُعِثَ بِهَا إِلَيْهِ مِنْ بَلَدٍ فَلَيْسَ لَهُ رَدُّهَا وَإِنْ كَانَ فِي مِصْرٍ يُوجَدُ فِيهِ غَيْرُهُ فَذَلِكَ إِلَيْهِ.

2. Muhammad ibn ’Isma‘il has narrated it from al-Fadf ibn Shadhan, from Ibn Abi ‘Umayr, from Rib‘iy, from Fudayl who has narrated the following: “It is about the case of a man who is appointed in a will as the executor a will. Abu ‘Abd Allah (a.s.), has said, ‘If the appointment is sent to him from another town he cannot refuse to accept the appointment, but if it is from the same town then it is up to him to accept or reject it.’” 

3- أَبُو عَلِيٍّ الأشْعَرِيُّ عَنْ عَبْدِ اللهِ بْنِ مُحَمَّدٍ عَنْ عَلِيِّ بْنِ الْحَكَمِ عَنْ سَيْفِ بْنِ عَمِيرَةَ عَنْ مَنْصُورِ بْنِ حَازِمٍ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ إِذَا أَوْصَى الرَّجُلُ إِلَى أَخِيهِ وَهُوَ غَائِبٌ فَلَيْسَ لَهُ أَنْ يَرُدَّ عَلَيْهِ وَصِيَّتَهُ لأنَّهُ لَوْ كَانَ شَاهِداً فَأَبَى أَنْ يَقْبَلَهَا طَلَبَ غَيْرَهُ.

3. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Ali ibn al-Hakam from Sayf ibn ’Amirah from Mansur ibn Hazim who has narrated the following: “Abu ‘Abd Allah (a.s.), has said, ‘If a man makes a will in which he appoints his brother as the executor when he is absent, he cannot refuse the appointment for if he was present and refused, another person could have been appointed as the executor.’” 

4- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ ابْنِ أَبِي عُمَيْرٍ عَنِ الْقَاسِمِ بْنِ الْفُضَيْلِ عَنْ رِبْعِيٍّ عَنِ الْفُضَيْلِ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ فِي الرَّجُلِ يُوصَى إِلَيْهِ قَالَ إِذَا بُعِثَ بِهَا مِنْ بَلَدٍ إِلَيْهِ فَلَيْسَ لَهُ رَدُّهَا.

4. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from al-Qasim ibn al-Fudayl from Rib’iy from al-Fudayl who has narrated the following: “About the case of a man who is appointed as the executor of the will abu ‘Abd Allah (a.s.), has said, ‘If the appointment is sent from one town to another town he cannot refuse to accept the appointment.’” 

5- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ هِشَامِ بْنِ سَالِمٍ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) فِي الرَّجُلِ يُوصِي إِلَى رَجُلٍ بِوَصِيَّةٍ فَيَكْرَهُ أَنْ يَقْبَلَهَا فَقَالَ أَبُو عَبْدِ اللهِ (عَلَيْهِ السَّلام) لا يَخْذُلْهُ عَلَى هَذِهِ الْحَالِ.

5. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Flisham ibn Salim who has narrated the following: “About the case of a man who is appointed as the executor in a will but he dislikes it, abu ‘Abd Allah (a.s.), has said, ‘He must not betray him in such condition.’” 

6- عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ سَهْلِ بْنِ زِيَادٍ عَنْ عَلِيِّ بْنِ الرَّيَّانِ قَالَ كَتَبْتُ إِلَى أَبِي الْحَسَنِ (عَلَيْهِ السَّلام) رَجُلٌ دَعَاهُ وَالِدُهُ إِلَى قَبُولِ وَصِيَّتِهِ هَلْ لَهُ أَنْ يَمْتَنِعَ مِنْ قَبُولِ وَصِيَّتِهِ فَوَقَّعَ (عَلَيْهِ السَّلام) لَيْسَ لَهُ أَنْ يَمْتَنِعَ. 

6. A number of our people have narrated from Sahl ibn Ziyad from Ali ibn al-Rayyan who has narrated the following: “I once wrote to abu al-Hassan (a.s.), about the case of a man who asks his father to accept his appointment as the executor of his will; if he can refuse to accept the appointment. He (the Imam) signed the answer that said, ‘He cannot refuse.’” 

Al-Kāfi - Volume 7

Book 1, Chapter 3