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 جَمِيلِ بْنِ دَرَّاجٍ عَمَّنْ أَخْبَرَهُ عَنْ أَحَدِهِمَا (عَلَيْهِما السَّلام) فِي الشُّهُودِ إِذَا شَهِدُوا عَلَى رَجُلٍ ثُمَّ رَجَعُوا عَنْ شَهَادَتِهِمْ وَقَدْ قُضِيَ عَلَى الرَّجُلِ ضُمِّنُوا مَا شَهِدُوا بِهِ وَغُرِّمُوا وَإِنْ لَمْ يَكُنْ قُضِيَ طُرِحَتْ شَهَادَتُهُمْ وَلَمْ يُغَرَّمِ الشُّهُودُ شَيْئاً.

1. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Jamil ibn Darraj from those who narrated to him who has narrated the following: “About the case of witnesses who testify against a man, then retract their testimony when judgment is already issued against the man, they are held responsible for what they have testified to and to compensate, but if judgment is not yet issued, their testimony is made void and the witnesses are not held responsible for anything.’” 

2- أَبُو عَلِيٍّ الأشْعَرِيُّ عَنْ مُحَمَّدِ بْنِ عَبْدِ الْجَبَّارِ عَنْ صَفْوَانَ عَنِ الْعَلاءِ بْنِ رَزِينٍ عَنْ مُحَمَّدِ بْنِ مُسْلِمٍ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) فِي شَاهِدِ الزُّورِ مَا تَوْبَتُهُ قَالَ يُؤَدِّي مِنَ الْمَالِ الَّذِي شَهِدَ عَلَيْهِ بِقَدْرِ مَا ذَهَبَ مِنْ مَالِهِ إِنْ كَانَ النِّصْفَ أَوِ الثُّلُثَ إِنْ كَانَ شَهِدَ هَذَا وَآخَرُ مَعَهُ.

2. Abu Ali al-Ash ‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from al-‘Ala’ ibn Razin from Muhammad ibn Muslim who has narrated the following: “About the case of a man who testifies falsely and upon his repenting, abu ‘Abd Allah (a.s.), has said, ‘He must pay for the assets that are gone due to his false testimony, like one-half or one-third if another one has testified with him.’” 

3- مُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنْ عَلِيِّ بْنِ الْحَكَمِ عَنْ جَمِيلٍ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) فِي شَاهِدِ الزُّورِ قَالَ إِنْ كَانَ الشَّيْ‏ءُ قَائِماً بِعَيْنِهِ رُدَّ عَلَى صَاحِبِهِ وَإِنْ لَمْ يَكُنْ قَائِماً ضَمِنَ بِقَدْرِ مَا أُتْلِفَ مِنْ مَالِ الرَّجُلِ.

3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Jamil who has narrated the following: “About the case of false testimony abu ‘Abd Allah (a.s.), has said, ‘If the asset exists in its substance, it must be returned to its owner, but if it does not exist, then he is responsible for an amount equal to what is lost from the assets of the man.’” 

4- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ ابْنِ مَحْبُوبٍ عَنْ بَعْضِ أَصْحَابِهِ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) فِي أَرْبَعَةٍ شَهِدُوا عَلَى رَجُلٍ مُحْصَنٍ بِالزِّنَى ثُمَّ رَجَعَ أَحَدُهُمْ بَعْدَ مَا قُتِلَ الرَّجُلُ قَالَ إِنْ قَالَ الرَّابِعُ أَوْهَمْتُ ضُرِبَ الْحَدَّ وَغُرِّمَ الدِّيَةَ وَإِنْ قَالَ تَعَمَّدْتُ قُتِلَ.

4. Ali ibn Ibrahim has narrated from his father from ibn Mahbub from certain persons of his people who has narrated the following: “This is about the case of four men who testify against al-Muhsin (married male) to have committed fornication; then one of them retracts his testimony after the man is executed. Abu ‘Abd Allah (a.s.), has said, ‘If the fourth cites doubt, he is subjected to penalty, but if he says it was intentional then he is put to death.’” 

5- ابْنُ مَحْبُوبٍ عَنْ إِبْرَاهِيمَ بْنِ نُعَيْمٍ الأزْدِيِّ قَالَ سَأَلْتُ أَبَا عَبْدِ اللهِ (عَلَيْهِ السَّلام) عَنْ أَرْبَعَةٍ شَهِدُوا عَلَى رَجُلٍ بِالزِّنَى فَلَمَّا قُتِلَ رَجَعَ أَحَدُهُمْ عَنْ شَهَادَتِهِ قَالَ فَقَالَ يُقْتَلُ الرَّابِعُ وَيُؤَدِّي الثَّلاثَةُ إِلَى أَهْلِهِ ثَلاثَةَ أَرْبَاعِ الدِّيَةِ.

5. Ibn Mahbub has narrated from Ibrahim ibn Nu’aym al-’Azdiy who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of four witnesses who testify against a man to have committed fornication and when he is executed, one of them retracts his testimony. He (the Imam) said, ‘The fourth one among them is executed and the other three must pay three-fourth of wergild to his family of the fourth witness.’” 

6- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ جَمِيلٍ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) فِي شَهَادَةِ الزُّورِ إِنْ كَانَ الشَّيْ‏ءُ قَائِماً بِعَيْنِهِ رُدَّ عَلَى صَاحِبِهِ وَإِلا ضَمِنَ بِقَدْرِ مَا أُتْلِفَ مِنْ مَالِ الرَّجُلِ.

6. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Jamil who has narrated the following: “About the case of false testimony abu ‘Abd Allah (a.s.), has said, ‘If the asset exists, it must be returned to the owner, otherwise, equal to what of the assets of the man is lost must be paid to him.’” 

7- ابْنُ أَبِي عُمَيْرٍ عَنْ إِبْرَاهِيمَ بْنِ عَبْدِ الْحَمِيدِ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) فِي شَاهِدَيْنِ شَهِدَا عَلَى امْرَأَةٍ بِأَنَّ زَوْجَهَا طَلَّقَهَا فَتَزَوَّجَتْ ثُمَّ جَاءَ زَوْجُهَا فَأَنْكَرَ الطَّلاقَ قَالَ يُضْرَبَانِ الْحَدَّ وَيُضَمَّنَانِ الصَّدَاقَ لِلزَّوْجِ ثُمَّ تَعْتَدُّ ثُمَّ تَرْجِعُ إِلَى زَوْجِهَا الأوَّلِ.

7. Ibn abu ‘Umayr has narrated from Ibrahim ibn ‘Abd al-Hamid who has narrated the following: “About the case of two witnesses who testify for a woman that her husband has divorced her and she marries; but her husband comes and denies the divorce, he (the Imam) has said, ‘The two must be subjected to penalty and held responsible for the mahr (dower) in favor of the husband; then she is returned to the first husband.’” 

8- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ عَاصِمِ بْنِ حُمَيْدٍ عَنْ مُحَمَّدِ بْنِ قَيْسٍ عَنْ أَبِي جَعْفَرٍ (عَلَيْهِ السَّلام) قَالَ قَضَى أَمِيرُ الْمُؤْمِنِينَ (عَلَيْهِ السَّلام) فِي رَجُلٍ شَهِدَ عَلَيْهِ رَجُلانِ بِأَنَّهُ سَرَقَ فَقَطَعَ يَدَهُ حَتَّى إِذَا كَانَ بَعْدَ ذَلِكَ جَاءَ الشَّاهِدَانِ بِرَجُلٍ آخَرَ فَقَالا هَذَا السَّارِقُ وَلَيْسَ الَّذِي قَطَعْتَ يَدَهُ إِنَّمَا شَبَّهْنَا ذَلِكَ بِهَذَا فَقَضَى عَلَيْهِمَا أَنْ غَرَّمَهُمَا نِصْفَ الدِّيَةِ وَلَمْ يُجِزْ شَهَادَتَهُمَا عَلَى الآخَرِ. 

8. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from ‘Asem ibn Humayd from Muhammad ibn Qays who has narrated the following: “This is about the case of a man against whom two men had testified for theft, thus his hand was cut off and thereafter the two witnesses brought another man saying that this was the thief and not the one whose hand was cut off but we were only confused about it. Abu Ja’far (a.s.), has said that ’ Amir al-Mu’minin, Ali, Alayhi al-Salam, issued a judgment. It required the two to pay one-half of the wergild and did not accept their testimony against the other man.’” 

Al-Kāfi - Volume 7

Book 5, Chapter 7