Chapter on the Beneficiary of a Bequest Dying Before the Testator or Before Receiving What Was Bequeathed to Him

Asim ibn Humaid narrated from Muhammad ibn Qays from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام who said: "Commander of the Faithful عليه السلام ruled concerning a man who made a bequest to another, but the person to whom the bequest was made was absent and died before the one who made the bequest. Imam عليه السلام said: 'The bequest is for the heir of the one to whom it was made.' Imam عليه السلام also said: 'Whoever makes a bequest to someone, whether present or absent, and the beneficiary dies before the one who made the bequest, then the bequest goes to the heir of the beneficiary, unless the testator revokes the bequest before his own death.'"

Al-Abbas ibn Amir narrated from Muthanna who said: I asked Imam عليه السلام about a man for whom a bequest was made, but he died before receiving it and left no offspring. Imam عليه السلام said: "Seek an heir or his mawla (guardian) and give it to him." I asked: "What if no heir is known?" Imam عليه السلام replied: "Exert yourself in searching for an heir for him, and if you cannot find one and Allah سبحانه وتعالى, the Exalted, knows of your sincere effort, then give it in charity."