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 ابْنِ أَبِي عُمَيْرٍ عَنْ حَمَّادٍ عَنِ الْحَلَبِيِّ وَمُحَمَّدِ بْنِ مُسْلِمٍ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ قَالَ النَّبِيُّ (صَلَّى اللهُ عَلَيْهِ وَآلِه) الْوَلاءُ لِمَنْ أَعْتَقَ.

1. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hammad from al-Halabiy and Muhammad ibn Muslim who has narrated the following: “Abu ‘ Abd Allah (a.s.), has said that the Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ‘Guardianship rests in favor of one who sets one free.’” 

2- مُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنِ ابْنِ فَضَّالٍ عَنِ ابْنِ بُكَيْرٍ عَنْ زُرَارَةَ عَنْ أَبِي جَعْفَرٍ (عَلَيْهِ السَّلام) فِي حَدِيثِ بَرِيرَةَ أَنَّ النَّبِيَّ (صَلَّى اللهُ عَلَيْهِ وَآلِه) قَالَ لِعَائِشَةَ أَعْتِقِي فَإِنَّ الْوَلاءَ لِمَنْ أَعْتَقَ.

2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from ibn Bukayr from Zurarah who has narrated the following: “Abu Ja‘far (a.s.), about Hadith of Burayrah has said, ‘The Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, said to ‘A’ishah, ‘Set a slave free because guardianship rests with the one who buys one’s freedom.’” 

3- أَبُو عَلِيٍّ الأشْعَرِيُّ عَنْ مُحَمَّدِ بْنِ عَبْدِ الْجَبَّارِ عَنْ صَفْوَانَ بْنِ يَحْيَى عَنْ عِيصِ بْنِ الْقَاسِمِ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ قَالَتْ عَائِشَةُ لِرَسُولِ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) إِنَّ أَهْلَ بَرِيرَةَ اشْتَرَطُوا وَلاءَهَا فَقَالَ رَسُولُ اللهِ الْوَلاءُ لِمَنْ أَعْتَقَ.

3. Abu Ali al-Al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from ‘Is ibn al-Qasim ibn Muhammad who has narrated the following: “Abu ‘Abd Allah (a.s.), has said that ‘A’ishah once said to the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, ‘People of Burayrah have set her guardianship a condition.’ The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has issued this decree. ‘Guardianship rests with the one who buys one’s freedom.’” 

4- صَفْوَانُ عَنِ الْعِيصِ بْنِ الْقَاسِمِ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ سَأَلْتُهُ عَنْ رَجُلٍ اشْتَرَى عَبْداً لَهُ أَوْلادٌ مِنِ امْرَأَةٍ حُرَّةٍ فَأَعْتَقَهُ قَالَ وَلاءُ وُلْدِهِ لِمَنْ أَعْتَقَهُ.

4. Safwan has narrated from al-‘Is ibn al-Qasim ibn Muhammad who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who buys a slave who has children from a free woman who has set him free. He (the Imam) said, ‘The guardianship of his children rests with one who has bought his freedom.’” 

5- مُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنْ مُحَمَّدِ بْنِ الْفُضَيْلِ عَنْ أَبِي الصَّبَّاحِ الْكِنَانِيِّ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) فِي امْرَأَةٍ أَعْتَقَتْ رَجُلا لِمَنْ وَلاؤُهُ وَلِمَنْ مِيرَاثُهُ قَالَ لِلَّذِي أَعْتَقَهُ إِلا أَنْ يَكُونَ لَهُ وَارِثٌ غَيْرُهَا.

5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn al-Fudayl from abu al-Sabbah al-Kinaniy who has narrated the following: “About the case of a woman who freed a man and about with whom rests his guardianship and to who belongs his legacy, abu ‘Abd Allah (a.s.), has said, ‘Such things rest with the one who has bought his freedom, unless he has other heirs besides her.’” 

6- حُمَيْدُ بْنُ زِيَادٍ عَنِ الْحَسَنِ بْنِ مُحَمَّدٍ عَنْ صَفْوَانَ عَنْ عَبْدِ الرَّحْمَنِ بْنِ الْحَجَّاجِ عَمَّنْ حَدَّثَهُ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ مَاتَ مَوْلًى لِحَمْزَةَ بْنِ عَبْدِ الْمُطَّلِبِ فَدَفَعَ رَسُولُ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) مِيرَاثَهُ إِلَى ابْنَةِ حَمْزَةَ. قَالَ الْحَسَنُ فَهَذِهِ الرِّوَايَةُ تَدُلُّ عَلَى أَنَّهُ لَمْ يَكُنْ لِلْمَوْلَى ابْنَةٌ كَمَا تَرْوِي الْعَامَّةُ وَأَنَّ الْمَرْأَةَ أَيْضاً تَرِثُ الْوَلاءَ لَيْسَ كَمَا تَرْوِي الْعَامَّةُ. 

6. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad from Safwan from ‘Abd al-Rahman ibn al-Hajjaj from those who narrated to him who has narrated the following: “Abu ‘Abd Allah (a.s.), has said, ‘When a mawla of Hamzah ibn ‘Abd al-Muttalib died, the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, gave his legacy to the daughter of Hamzah.’” Al-Hassan has said that this proves that the mawla did not have any daughter as al-‘A’ammah narrate, and that women also inherit guardianship contrary to what al-‘A’ammah narrate. 

Al-Kāfi - Volume 7

Book 2, Chapter 64