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 وَمُحَمَّدُ بْنُ إِسْمَاعِيلَ عَنِ الْفَضْلِ بْنِ شَاذَانَ جَمِيعاً عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ مُعَاوِيَةَ بْنِ عَمَّارٍ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ كَانَ الْبَرَاءُ بْنُ مَعْرُورٍ الأنْصَارِيُّ بِالْمَدِينَةِ وَكَانَ رَسُولُ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) بِمَكَّةَ وَإِنَّهُ حَضَرَهُ الْمَوْتُ وَكَانَ رَسُولُ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) بِمَكَّةَ وَأَصْحَابُهُ وَالْمُسْلِمُونَ يُصَلُّونَ إِلَى بَيْتِ الْمَقْدِسِ وَأَوْصَى الْبَرَاءُ إِذَا دُفِنَ أَنْ يُجْعَلَ وَجْهُهُ إِلَى تِلْقَاءِ النَّبِيِّ (صَلَّى اللهُ عَلَيْهِ وَآلِه) إِلَى الْقِبْلَةِ وَأَوْصَى بِثُلُثِ مَالِهِ فَجَرَتْ بِهِ السُّنَّةُ.

1. Ali ibn Ibrahim has narrated from his father from and Muhammad ibn ’Isma’il has narrated from al-Fadl ibn Shadhan from all Ibn Abi ‘Umayr from Mu‘awiyah ibn ‘Ammar who has narrated the following: “Abu ‘ Abd Allah (a.s.), has said that al-Bara’ ibn Ma’rur al-Ansariy lived in al-Madinah. The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, lived in Makkah, and with his companions performed Salat (prayer) facing the direction of Bayt al-Maqdis. Al-Bara’ made a will that said, ‘His face in grave must be kept toward the direction to which the Holy Prophet performs Salat (prayer) and about one-third of his legacy and thus the Sunnah was established.”’ 

2- مُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ قَالَ كَتَبَ أَحْمَدُ بْنُ إِسْحَاقَ إِلَى أَبِي الْحَسَنِ (عَلَيْهِ السَّلام) أَنَّ دُرَّةَ بِنْتَ مُقَاتِلٍ تُوُفِّيَتْ وَتَرَكَتْ ضَيْعَةً أَشْقَاصاً فِي مَوَاضِعَ وَأَوْصَتْ لِسَيِّدِهَا مِنْ أَشْقَاصِهَا بِمَا يَبْلُغُ أَكْثَرَ مِنَ الثُّلُثِ وَنَحْنُ أَوْصِيَاؤُهَا وَأَحْبَبْنَا أَنْ نُنْهِيَ إِلَى سَيِّدِنَا فَإِنْ هُوَ أَمَرَ بِإِمْضَاءِ الْوَصِيَّةِ عَلَى وَجْهِهَا أَمْضَيْنَاهَا وَإِنْ أَمَرَ بِغَيْرِ ذَلِكَ انْتَهَيْنَا إِلَى أَمْرِهِ فِي جَمِيعِ مَا يَأْمُرُ بِهِ إِنْ شَاءَ اللهُ قَالَ فَكَتَبَ (عَلَيْهِ السَّلام) بِخَطِّهِ لَيْسَ يَجِبُ لَهَا مِنْ تَرِكَتِهَا إِلا الثُّلُثُ وَإِنْ تَفَضَّلْتُمْ وَكُنْتُمُ الْوَرَثَةَ كَانَ جَائِزاً لَكُمْ إِنْ شَاءَ اللهُ.

2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad has said that Ahmad ibn Ishaq wrote to abu al-Hassan (a.s.) saying: “Durrah, daughter of Muqatil has died. She has left assets and pieces of land in several places. She had made a will for her master of the pieces of land, which was more than one-third of her legacy. We are the executors of her will and like to ask our master if he commands to approve that will as it is, so we can also approve; and if he commands other things we follow his command in all that he commands by the will of Allah. He (the narrator) has said that he (the Imam) (a.s.), wrote in his own handwriting that said, ‘More than one-third is not obligatory on her legacy. If you have preferences and you are of the heirs it then is permissible for you by the will of Allah.’” 

3- عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنِ الْحُسَيْنِ بْنِ سَعِيدٍ عَنْ حَمَّادِ بْنِ عِيسَى عَنْ شُعَيْبِ بْنِ يَعْقُوبَ قَالَ سَأَلْتُ أَبَا عَبْدِ اللهِ (عَلَيْهِ السَّلام) عَنِ الرَّجُلِ يَمُوتُ مَا لَهُ مِنْ مَالِهِ فَقَالَ لَهُ ثُلُثُ مَالِهِ وَلِلْمَرْأَةِ أَيْضاً.

3. A number of our people have narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from Hammad ibn ‘Isa from Shu’ayb from Ya’qub who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who dies and about what is for him from his legacy. He (the Imam) said, ‘One third of his legacy is for him and this applies to a woman also.’” 

4- عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ سَهْلِ بْنِ زِيَادٍ وَعَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ جَمِيعاً عَنِ ابْنِ أَبِي نَجْرَانَ عَنْ عَاصِمِ بْنِ حُمَيْدٍ عَنْ مُحَمَّدِ بْنِ قَيْسٍ عَنْ أَبِي جَعْفَرٍ (عَلَيْهِ السَّلام) قَالَ كَانَ أَمِيرُ الْمُؤْمِنِينَ صَلَوَاتُ اللهِ عَلَيْهِ يَقُولُ لأنْ أُوصِيَ بِخُمُسِ مَالِي أَحَبُّ إِلَيَّ مِنْ أَنْ أُوصِيَ بِالرُّبُعِ وَلأنْ أُوصِيَ بِالرُّبُعِ أَحَبُّ إِلَيَّ مِنْ أَنْ أُوصِيَ بِالثُّلُثِ وَمَنْ أَوْصَى بِالثُّلُثِ فَلَمْ يَتَّرِكْ فَقَدْ بَالَغَ قَالَ وَقَضَى أَمِيرُ الْمُؤْمِنِينَ (عَلَيْهِ السَّلام) فِي رَجُلٍ تُوُفِّيَ وَأَوْصَى بِمَالِهِ كُلِّهِ أَوْ أَكْثَرِهِ فَقَالَ إِنَّ الْوَصِيَّةَ تُرَدُّ إِلَى الْمَعْرُوفِ غَيْرِ الْمُنْكَرِ فَمَنْ ظَلَمَ نَفْسَهُ وَأَتَى فِي وَصِيَّتِهِ الْمُنْكَرَ وَالْحَيْفَ فَإِنَّهَا تُرَدُّ إِلَى الْمَعْرُوفِ وَيُتْرَكُ لأهْلِ الْمِيرَاثِ مِيرَاثُهُمْ وَقَالَ مَنْ أَوْصَى بِثُلُثِ مَالِهِ فَلَمْ يَتَّرِكْ وَقَدْ بَلَغَ الْمَدَى ثُمَّ قَالَ لأنْ أُوصِيَ بِخُمُسِ مَالِي أَحَبُّ إِلَيَّ مِنْ أَنْ أُوصِيَ بِالرُّبُعِ.

4. A number of our people have narrated from Sahl ibn Ziyad and Ali ibn Ibrahim has narrated from his father all from ibn abu Najran from ‘Asem ibn Humayd from Muhammad ibn Qays who has narrated the following: “Abu Ja‘far (a.s.), in this statement refers to the words of ’Amir al-Mu’minin. He (the Imam) said, ‘If I make a will about one-fifth of my legacy it is better than making a will about one- fourth of my legacy, and if I make a will about one-fourth of my legacy it is better than a will about one-third of my legacy. One who makes a will about one-third of his legacy and leaves nothing, he has exaggerated.’ “He (the Imam) (a.s.), has said that ’Amir al-Mu’minin issued a judgment in the case of a man who had made a will about all of his legacy or most of it. He (the Imam) said, ‘The will is turned from unacceptable status into what is acceptable. If one does injustice to himself and comes up with an unacceptable will and an unjust one, it then is turned to an acceptable one to leave the legacy for the heirs.’ ’Amir al-Mu’minin has said, ‘If one makes a will about one-third of his legacy which does not leave anything for the heirs, he has reached the ultimate condition.’ He (the Imam) then said, ‘If one makes a will about one-fifth of his legacy it is more likable to me than a will about one-fourth.’” 

5- الْحُسَيْنُ بْنُ مُحَمَّدٍ عَنْ مُعَلَّى بْنِ مُحَمَّدٍ وَمُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ جَمِيعاً عَنِ الْوَشَّاءِ عَنْ حَمَّادِ بْنِ عُثْمَانَ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ مَنْ أَوْصَى بِالثُّلُثِ فَقَدْ أَضَرَّ بِالْوَرَثَةِ وَالْوَصِيَّةُ بِالْخُمُسِ وَالرُّبُعِ أَفْضَلُ مِنَ الْوَصِيَّةِ بِالثُّلُثِ وَمَنْ أَوْصَى بِالثُّلُثِ فَلَمْ يَتَّرِكْ.

5. Al-Husayn ibn Muhammad has narrated from Mu‘alla’ ibn Muhammad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from al-Washsha’ from Hammad ibn ‘Uthaman who has narrated the following: “Abu ‘ Abd Allah (a.s.), has said, ‘If one makes a will about one-third of his legacy he has harmed the heirs. Making a will about one-fifth or one-fourth of the legacy is better than making a will about one-third. If one makes a will about one-third he has not left anything (for the heirs).’” 

6- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ هِشَامِ بْنِ سَالِمٍ وَحَفْصِ بْنِ الْبَخْتَرِيِّ وَحَمَّادِ بْنِ عُثْمَانَ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ مَنْ أَوْصَى بِالثُّلُثِ فَلَمْ يَتَّرِكْ.

6. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hisham ibn Salim and Hafs ibn al-Bakhtariy and Hammad ibn ‘Uthaman who has narrated the following: “Abu ‘Abd Allah (a.s.), has said, ‘If one makes a will about one-third has not left any legacy.’” 

7- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ النَّوْفَلِيِّ عَنِ السَّكُونِيِّ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ قَالَ أَمِيرُ الْمُؤْمِنِينَ (عَلَيْهِ السَّلام) مَنْ أَوْصَى بِثُلُثِ مَالِهِ ثُمَّ قُتِلَ خَطَأً فَإِنَّ ثُلُثَ دِيَتِهِ دَاخِلٌ فِي وَصِيَّتِهِ. 

7. 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 ’Amir al-Mu’minin has said, ‘If one makes a will about one-third of his legacy, then is killed by mistake, one-third of the wergild for him becomes part of that which he has willed.’” 

Al-Kāfi - Volume 7

Book 1, Chapter 6