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 إِسْمَاعِيلَ بْنِ مَرَّارٍ عَنْ يُونُسَ بْنِ عَبْدِ الرَّحْمَنِ عَنْ أَبِي الْحَسَنِ الرِّضَا (عَلَيْهِ السَّلام) قَالَ قُلْتُ لَهُ جُعِلْتُ فِدَاكَ كَيْفَ صَارَ الرَّجُلُ إِذَا مَاتَ وَوُلْدُهُ مِنَ الْقَرَابَةِ سَوَاءٌ تَرِثُ النِّسَاءُ نِصْفَ مِيرَاثِ الرِّجَالِ وَهُنَّ أَضْعَفُ مِنَ الرِّجَالِ وَأَقَلُّ حِيلَةً فَقَالَ لأنَّ اللهَ عَزَّ وَجَلَّ فَضَّلَ الرِّجَالَ عَلَى النِّسَاءِ بِدَرَجَةٍ وَلأنَّ النِّسَاءَ يَرْجِعْنَ عِيَالا عَلَى الرِّجَالِ.

1. Ali ibn Ibrahim has narrated from his father from ’Isma‘il ibn Marrar from Yunus ibn ‘Abd al-Rahman who has narrated the following: “I once asked al-Rida’ (a.s.), ‘I pray to Allah to keep my soul in service for your cause, why is it that when a man dies his sons’ shares of the legacy are twice as much as the share of his daughters even though females are less capable and weaker?’ He (the Imam) said, ‘It is because Allah, most Majestic, most Glorious, has preferred men over women and because women become dependents of men.’” 

2- عَلِيُّ بْنُ مُحَمَّدٍ عَنْ مُحَمَّدِ بْنِ أَبِي عَبْدِ اللهِ عَنْ إِسْحَاقَ بْنِ مُحَمَّدٍ النَّخَعِيِّ قَالَ سَأَلَ الْفَهْفَكِيُّ أَبَا مُحَمَّدٍ (عَلَيْهِ السَّلام) مَا بَالُ الْمَرْأَةِ الْمِسْكِينَةِ الضَّعِيفَةِ تَأْخُذُ سَهْماً وَاحِداً وَيَأْخُذُ الرَّجُلُ سَهْمَيْنِ فَقَالَ أَبُو مُحَمَّدٍ (عَلَيْهِ السَّلام) إِنَّ الْمَرْأَةَ لَيْسَ عَلَيْهَا جِهَادٌ وَلا نَفَقَةٌ وَلا عَلَيْهَا مَعْقُلَةٌ إِنَّمَا ذَلِكَ عَلَى الرِّجَالِ فَقُلْتُ فِي نَفْسِي قَدْ كَانَ قِيلَ لِي إِنَّ ابْنَ أَبِي الْعَوْجَاءِ سَأَلَ أَبَا عَبْدِ اللهِ (عَلَيْهِ السَّلام) عَنْ هَذِهِ الْمَسْأَلَةِ فَأَجَابَهُ بِهَذَا الْجَوَابِ فَأَقْبَلَ أَبُو مُحَمَّدٍ (عَلَيْهِ السَّلام) عَلَيَّ فَقَالَ نَعَمْ هَذِهِ الْمَسْأَلَةُ مَسْأَلَةُ ابْنِ أَبِي الْعَوْجَاءِ وَالْجَوَابُ مِنَّا وَاحِدٌ إِذَا كَانَ مَعْنَى الْمَسْأَلَةِ وَاحِداً جَرَى لآخِرِنَا مَا جَرَى لأوَّلِنَا وَأَوَّلُنَا وَآخِرُنَا فِي الْعِلْمِ سَوَاءٌ وَلِرَسُولِ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) وَأَمِيرِ الْمُؤْمِنِينَ (عَلَيْهِ السَّلام) فَضْلُهُمَا.

2. Ali ibn Muhammad has narrated from Muhammad ibn abu ‘Abd Allah from Ishaq ibn Muhammad al-Nakha’iy who has narrated the following: “Once, al-Fahfakiy asked abu Muhammad (a.s.), ‘Why is it that the destitute and weak woman’s share of the legacy is half as much as the share of man?’ Abu Muhammad (a.s.), said, ‘It is because there is no Jihad on women; maintenance expenses and wergild to be paid by the relatives of the murderer, it is on men.’ I then said to myself that I was told about ibn abu al-‘Awja’s question to abu ‘Abd Allah (a.s.), about this issue and he had answered with this answer. Abu Muhammad (a.s.), turned to me and said, ‘Yes, this is the question of ibn abu al-‘Awja’ and the answer from us is one if the meaning of the question is the same. What applies to the last of us applies to the first of us. Our first and last in knowledge are the same, however, the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and Amir al-Mu’minin have their excellence.’” 

3- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ حَمَّادٍ عَنْ هِشَامٍ عَنِ الأحْوَلِ قَالَ قَالَ لِي ابْنُ أَبِي الْعَوْجَاءِ مَا بَالُ الْمَرْأَةِ الْمِسْكِينَةِ الضَّعِيفَةِ تَأْخُذُ سَهْماً وَاحِداً وَيَأْخُذُ الرَّجُلُ سَهْمَيْنِ قَالَ فَذَكَرَ بَعْضُ أَصْحَابِنَا لأبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) فَقَالَ إِنَّ الْمَرْأَةَ لَيْسَ عَلَيْهَا جِهَادٌ وَلا نَفَقَةٌ وَلا مَعْقُلَةٌ وَإِنَّمَا ذَلِكَ عَلَى الرِّجَالِ وَلِذَلِكَ جَعَلَ لِلْمَرْأَةِ سَهْماً وَاحِداً وَلِلرَّجُلِ سَهْمَيْنِ. 

3. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hammad from Hisham from al-Ahwal who has narrated the following: “Once ibn abu al-‘Awaja’ asked me, ‘Why is it that the destitute and weak woman’s share of the legacy is half as much as the share of man?’ He (the narrator) has said that certain persons of our people mentioned to abu ‘Abd Allah (a.s.), who said, ‘It is because there is no Jihad on women and maintenance expenses and wergild to be paid by the relatives of the murderer; which is on men. 

Al-Kāfi - Volume 7

Book 2, Chapter 10