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 عَنْ مُحَمَّدِ بْنِ مُسْلِمٍ قَالَ قُلْتُ لأبِي جَعْفَرٍ (عَلَيْهِ السَّلام) قَوْلُ اللهِ عَزَّ وَجَلَّ وَاللَّيْلِ إِذا يَغْشى‏ وَالنَّجْمِ إِذا هَوى‏ وَمَا أَشْبَهَ ذَلِكَ فَقَالَ إِنَّ للهِ عَزَّ وَجَلَّ أَنْ يُقْسِمَ مِنْ خَلْقِهِ بِمَا شَاءَ وَلَيْسَ لِخَلْقِهِ أَنْ يُقْسِمُوا إِلا بِهِ.

1. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hammad from Muhammad ibn Muslim who has narrated the following: “This is about the meaning of the words of Allah, most Majestic, most Glorious. . . I swear by the night when it becomes dark. . .’ (92:2) and ‘. . . I swear by the star when it descends down’ (52:2) and so on. Abu Ja’far (a.s.), has said, ‘Allah, most Majestic, most Glorious, swears by anything of His creatures as He wants but His creatures can only swear and take oath by Allah.’” 

2- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ حَمَّادٍ عَنِ الْحَلَبِيِّ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ لا أَرَى أَنْ يَحْلِفَ الرَّجُلُ إِلا بِاللهِ فَأَمَّا قَوْلُ الرَّجُلِ لابَ لِشَانِئِكَ فَإِنَّهُ مِنْ قَوْلِ أَهْلِ الْجَاهِلِيَّةِ وَلَوْ حَلَفَ الرَّجُلُ بِهَذَا وَأَشْبَاهِهِ لَتُرِكَ الْحَلْفُ بِاللهِ فَأَمَّا قَوْلُ الرَّجُلِ يَا هَيَاهْ وَيَا هَنَاهْ فَإِنَّمَا ذَلِكَ لِطَلَبِ الاسْمِ وَلا أَرَى بِهِ بَأْساً وَأَمَّا قَوْلُهُ لَعَمْرُ اللهِ وَقَوْلُهُ لا هَاهُ فَإِنَّمَا ذَلِكَ بِاللهِ عَزَّ وَجَلَّ.

2. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hammad from al-Halabiy who has narrated the following: “Abu ‘Abd Allah (a.s.), has said, ‘I say that a man must take an oath and swear by Allah only. People’s saying, la’ bal shane ’uka (no, but may your adversary be it) is of the expressions of the people of ignorance. If one takes an oath by such expressions and so on, he has ignored taking an oath by Allah. One’s expression, Ya Hayahu and ya Hanahu is only a pausing and punctuating effort to better articulate one’s idea. However, one’s saying la’umr Allah or Lahahu is swearing by Allah, most Majestic, most Glorious.’” 

3- عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ سَهْلِ بْنِ زِيَادٍ عَنِ ابْنِ أَبِي نَصْرٍ عَنْ عَبْدِ الْكَرِيمِ عَنْ سَمَاعَةَ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ لا أَرَى لِلرَّجُلِ أَنْ يَحْلِفَ إِلا بِاللهِ وَقَالَ قَوْلُ الرَّجُلِ حِينَ يَقُولُ لابَ لِشَانِئِكَ فَإِنَّمَا هُوَ مِنْ قَوْلِ الْجَاهِلِيَّةِ وَلَوْ حَلَفَ النَّاسُ بِهَذَا وَشِبْهِهِ تُرِكَ أَنْ يُحْلَفَ بِاللهِ.

3. A number of our people have narrated from Sahl ibn Ziyad from ibn abu from ‘Abd al-Karim from Sama‘ah who has narrated the following: “Abu ‘Abd Allah (a.s.), has said, ‘I say that a man must take an oath and swear by Allah only. People’s saying, la’ bal shane ’uka (no, but may your adversary be it) is of the expressions of the people of ignorance.’” 

4- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ هَارُونَ بْنِ مُسْلِمٍ عَنْ مَسْعَدَةَ بْنِ صَدَقَةَ قَالَ قَالَ أَبُو عَبْدِ اللهِ (عَلَيْهِ السَّلام) فِي قَوْلِ اللهِ عَزَّ وَجَلَّ فَلا أُقْسِمُ بِمَواقِعِ النُّجُومِ قَالَ كَانَ أَهْلُ الْجَاهِلِيَّةِ يَحْلِفُونَ بِهَا فَقَالَ اللهُ عَزَّ وَجَلَّ فَلا أُقْسِمُ بِمَواقِعِ النُّجُومِ قَالَ عَظُمَ أَمْرُ مَنْ يَحْلِفُ بِهَا قَالَ وَكَانَتِ الْجَاهِلِيَّةُ يُعَظِّمُونَ الْمُحَرَّمَ وَلا يُقْسِمُونَ بِهِ وَلا بِشَهْرِ رَجَبٍ وَلا يَعْرِضُونَ فِيهِمَا لِمَنْ كَانَ فِيهِمَا ذَاهِباً أَوْ جَائِياً وَإِنْ كَانَ قَدْ قَتَلَ أَبَاهُ وَلا لِشَيْ‏ءٍ يَخْرُجُ مِنَ الْحَرَمِ دَابَّةً أَوْ شَاةً أَوْ بَعِيراً أَوْ غَيْرَ ذَلِكَ فَقَالَ اللهُ عَزَّ وَجَلَّ لِنَبِيِّهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه) لا أُقْسِمُ بِهذَا الْبَلَدِ وَأَنْتَ حِلٌّ بِهذَا الْبَلَدِ قَالَ فَبَلَغَ مِنْ جَهْلِهِمْ أَنَّهُمُ اسْتَحَلُّوا قَتْلَ النَّبِيِّ (صَلَّى اللهُ عَلَيْهِ وَآلِه) وَعَظَّمُوا أَيَّامَ الشَّهْرِ حَيْثُ يُقْسِمُونَ بِهِ فَيَفُونَ.

4. Ali ibn Ibrahim has narrated from Harun ibn Muslim from Mas’adah ibn Sadaqah who has narrated the following: “This is about the meaning of the words of Allah, most Majestic, most Glorious. ‘I do not swear by the places of the stars.’ (56:75) Abu ‘Abd Allah (a.s.), has said, ‘People of the community of ignorance swore by the places of stars and Allah, most Majestic, most Glorious, said, “I do not swear by the places of stars.’” He (the Imam) said that He called their swearing as such a grave thing. He (the Imam) has said that people of the time of ignorance held the month of Muharram to be a great thing. They would not swear thereby as well as the month of Rajab and did not disturb in these months those going and coming around even if he may have killed one’s father. They would not expel from al- Haram (the Sacred area) an animal or sheep or camel and so on. Allah, most Majestic, most Glorious, said to His Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, ‘I do not swear by this town and you are living in this town.’ (90:2-3) He (the Imam) said that their ignorance had climaxed to the level of making them to consider the killing of the Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, as lawful. On the contrary they held days of the month with greatness whereby they swore and stood by such oaths.’” 

5- عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنْ إِسْمَاعِيلَ بْنِ مَرَّارٍ عَنْ يُونُسَ عَنْ بَعْضِ أَصْحَابِنَا قَالَ سَأَلْتُهُ عَنْ قَوْلِ اللهِ عَزَّ وَجَلَّ فَلا أُقْسِمُ بِمَواقِعِ النُّجُومِ قَالَ أُعَظِّمُ إِثْمَ مَنْ يَحْلِفُ بِهَا قَالَ وَكَانَ أَهْلُ الْجَاهِلِيَّةِ يُعَظِّمُونَ الْحَرَمَ وَلا يُقْسِمُونَ بِهِ يَسْتَحِلُّونَ حُرْمَةَ اللهِ فِيهِ وَلا يَعْرِضُونَ لِمَنْ كَانَ فِيهِ وَلا يُخْرِجُونَ مِنْهُ دَابَّةً فَقَالَ اللهُ تَبَارَكَ وَتَعَالَى لا أُقْسِمُ بِهذَا الْبَلَدِ وَأَنْتَ حِلٌّ بِهذَا الْبَلَدِ وَوالِدٍ وَما وَلَدَ قَالَ يُعَظِّمُونَ الْبَلَدَ أَنْ يَحْلِفُوا بِهِ وَيَسْتَحِلُّونَ فِيهِ حُرْمَةَ رَسُولِ اللهِ (صَلَّى اللهُ عَلَيْهِ وَآلِه). 

5. Ali ibn Ibrahim has narrated from his father from ’Isma‘if ibn Marrar from Yunus from certain persons of our people who has narrated the following: “I once asked him (the Imam) (a.s.), about the meaning of the words of Allah, most Majestic, most Glorious, ‘I do not swear by the places of the stars.’ (56:75) He (the Imam) said, ‘It is a great sin on one who swears thereby. The community of ignorance held al-Haram (the sacred area) with greatness. They did not swear thereby. They made lawful to disrespect Allah but they did not disturbed those who were there and did not expel animals from there. Allah, most Blessed, most High, said, ‘I do not swear by this town despite your living in it and by the father and son.’ (90:2-3) He (the Imam) said, ‘They held the town with greatness to the extent that they swore thereby but made it lawful to disrespect the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause.”’ 

Al-Kāfi - Volume 7

Book 7, Chapter 14