Chapter on Rare Cases of Bequests

Al-Hasan ibn Ali Al-Washa' narrated from Abdullah ibn Sinan from Umar ibn Yazid from Abu Abdullah عليه السلام, who said: "Imam Ali ibn Al-Hussain عليه السلام, fell ill three times, and in each illness, he would make a will. When he recovered, he would carry out his will."

Ibn Abi Umayr and Safwan ibn Yahya narrated from Abdur Rahman ibn Al-Hajjaj, who said: I asked Abu Al-Hasan عليه السلام about what people say regarding making a will for one-third or one-fourth of one's wealth at the time of death. Is this something correct and well-known, or how did your father عليه السلام handle this matter? Imam عليه السلام replied: "The one-third is what my father عليه السلام, peace be upon him, practiced."

Muhammad ibn Abi Umayr narrated from Ibrahim ibn Abdul Hamid from Salma, the servant of the children of Abu Abdullah عليه السلام, who said: "I was with Abu Abdullah عليه السلام, when death approached Him عليه السلام, and he fell unconscious. When He عليه السلام regained consciousness, He عليه السلام said: "Give Hasan ibn Ali ibn Ali ibn Al-Husayn (who was known as Al-Aftas) 'seventy dinars.'" I said: "Will you give to a man who once raised a blade against you?" Imam عليه السلام replied: "Woe to you! Do you not read the Qur'an?" I said: "Yes." Imam عليه السلام said: "Have you not heard the saying of Allah سبحانه وتعالى, the Mighty and Glorious: 'And those who join that which Allah سبحانه وتعالى has commanded to be joined and fear their Lord عز وجل and dread the terrible reckoning'" (Surah Ar-Ra'd 13:21).

Ibn Abi Umayr narrated from Ammar ibn Marwan, who said: "I said to Abu Abdullah عليه السلام: 'My father was on his deathbed, and I said to him, "Make a will." He (my father) said, "This is my son," referring to Umar, "whatever he does is valid."' Abu Abdullah عليه السلام, said: "Your father has indeed made a will and done so concisely." I said: 'He also instructed and willed to give you such and such.' Imam عليه السلام said: "Approve it." I said: 'He made a bequest to free a believing and knowledgeable soul, but when we emancipated her, it became evident that she was not of proper lineage.' Imam عليه السلام said: "It has fulfilled his obligation. The example of this is like a man who buys a sacrificial animal thinking it is fat, but then finds it to be thin. It still suffices for him."

Abdullah ibn Ja'far Al-Himyari narrated from Al-Hasan ibn Malik, who said: 'I wrote to Imam عليه السلام - meaning Imam Ali ibn Muhammad Al-Hadi عليه السلام - about a man who died and had, during his lifetime, given everything he owned to you. He had no children at the time, but later he had a child. His total wealth amounted to three thousand dirhams, and I have sent you one thousand dirhams. If you see fit, may Allah سبحانه وتعالى make me your sacrifice, kindly inform me of your opinion so I may act accordingly.' Imam عليه السلام wrote in response: "Release it to them (the surviving children)."

Muhammad ibn Ya'qub Al-Kulayni, may Allah سبحانه وتعالى be pleased with him, narrated from Muhammad ibn Yahya from Muhammad ibn Isa ibn Ubayd, who said: "I wrote to Imam Ali ibn Muhammad Al-Hadi عليه السلام asking about a man who allocated something from his wealth for you - may Allah سبحانه وتعالى make me your sacrifice - but later found himself in need of it. Should he take it back for himself or still send it to you?" Imam عليه السلام replied: "He has the choice in this matter as long as he has not handed it over. And if it were to reach us, we would consider supporting him with it since he is now in need." He (Muhammad ibn Isa) further wrote to Imam عليه السلام, asking about a man who made a will, designating something specific from his wealth for you - may Allah سبحانه وتعالى make me your sacrifice - and also bequeathed portions to his relatives from his father's and mother's side. Then he altered the will, depriving those he had initially granted and granting to those he had initially deprived. Is this permissible for him? Imam عليه السلام wrote in response: "He has full discretion in all of this until death approaches him."

Muhammad ibn Isa Al-Ubaydi narrated from Al-Hasan ibn Rashid, who said: "I asked Imam Hasan ibn Ali Al-Askari عليه السلام, about a man who bequeathed one-third of his wealth after his death, saying, "My one-third after my death is to be divided among my male and female servants." This man also had servants inherited from his father. Should the servants of his father be included in this bequest, being considered part of his servants, or should they not be included? Imam عليه السلام wrote in response: "They are not to be included."

Muhammad ibn Ahmad ibn Yahya narrated, saying: Muhammad ibn Isa reported from Muhammad ibn Muhammad that Ali ibn Bilal wrote to Abu Al-Hasan, meaning Imam Ali ibn Muhammad Al-Hadi عليه السلام, regarding a Jew who passed away. The Jew had made a will assigning something to his creditor. Ali ibn Bilal asked: 'Am I permitted to take it and give it to your followers, or should I execute the bequest as the Jew had specified?' Imam عليه السلام wrote in response: 'Send it to me and inform me about it so that I may execute it in the proper manner, if Allah سبحانه وتعالى wills.'"

Al-Sakuni narrated through his chain of transmission that the Commander of the Faithful عليه السلام, peace be upon him, said regarding a man who, on his deathbed, confessed; "So-and-so and so-and-so each have a claim of one thousand dirhams against me," and then he died in that state. Imam عليه السلام said: "Whoever among them provides evidence has the right to the money. But if neither of them provides evidence, the money is to be divided equally between them."

Ali ibn Mahziyar narrated from Ahmad ibn Hamzah, who said: I said to Imam عليه السلام: 'In our town, sometimes people bequeath wealth to the family of Muhammad صلى الله عليه وعلى آله وسلم, and they bring it to me. However, I hesitate to deliver it to you until I seek your permission.' Imam عليه السلام replied: "Do not bring it to me, and do not involve yourself with it."

Muhammad ibn Abi Umayr narrated from Hammad ibn Uthman from Abu Abdullah عليه السلام, who said: 'A man bequeathed thirty dinars to the descendants of Sayyidah Fatimah صلى الله عليه وعلى آله وسلم, peace be upon her. The man brought the money to Abu Abdullah عليه السلام, who said: "Give it to such-and-such an elder from the descendants of Sayyidah Fatimah صلى الله عليه وعلى آله وسلم, peace be upon her," and that man was poor and struggling to provide for his family. The man responded: "But the deceased specifically bequeathed it to the descendants of Sayyidah Fatimah صلى الله عليه وعلى آله وسلم." Abu Abdullah عليه السلام replied: "It will not have the same impact on the descendants of Sayyidah Fatimah صلى الله عليه وعلى آله وسلم in general, but it will have a meaningful impact on this man, for he has a family to support."

Ibn Faddal narrated from Ali ibn Uqbah from Burayd ibn Mu'awiyah from Abu Abdullah عليه السلام, who said: I said to Imam عليه السلام: "A man appointed me as his executor, and I asked him to appoint a relative of his to share the responsibility with me, and he agreed. The one who appointed me mentioned that the co-executor owed him one hundred and fifty dirhams and that he had a silver cup as collateral for this debt. When the man passed away, the co-executor began to claim that he was owed sacks of wheat instead." Abu Abdullah عليه السلام, said: "If he brings proof, then his claim is valid; otherwise, he has no right to anything." I asked: "Is it permissible for him to take anything from what is in his possession?" Imam عليه السلام replied: "It is not permissible for him." I then asked: "What if someone wrongfully took his wealth, and he found the opportunity to take back from that person's wealth the equivalent of what was taken from him - would that be permissible?" Imam عليه السلام replied: "This is not the same as that."

Muhammad ibn Al-Husayn ibn Abi Al-Khattab narrated from Abdullah ibn Habib from Ishaq ibn Ammar from Abu Abdullah عليه السلام, who said: I asked Imam عليه السلام about a man who had dinars with me and was ill. He said to me, "If something happens to me, give so-and-so twenty dinars and give the remainder of the dinars to my sister." The man passed away, and I was not present at his death. Then, a truthful Muslim man came to me and said: "He instructed me to tell you: Look at the dinars I told you to give to my sister and give ten of them in charity, distributing them among the Muslims." His sister was unaware that I had anything of his. Imam عليه السلام said: "I see that you should give ten dinars in charity as he instructed."

Muhammad ibn Ahmad ibn Yahya narrated from Muhammad ibn Isa from Muhammad ibn Sinan from Ammar ibn Marwan from Sama'ah ibn Mehran from Abu Abdullah عليه السلام, regarding the saying of Allah سبحانه وتعالى, the Almighty and Glorious: "The will is for the parents and close relatives in a fair manner; it is an obligation upon the righteous" (Surah Al-Baqarah 2:180). Imam عليه السلام said: "This is something that Allah سبحانه وتعالى, the Almighty and Glorious, has designated for the one who holds this matter (referring to the rightful authority)." I asked: "Is there a set limit for this?" Imam عليه السلام replied: "Yes." I asked: "What is it?" Imam عليه السلام said: "The minimum is one-third of one-third."

Yunus ibn Abd Al-Rahman narrated from Dawud ibn Al-Nu'man from Al-Fudayl, the servant of Abu Abdullah عليه السلام, from Abu Abdullah عليه السلام, who said: "The Messenger of Allah سبحانه وتعالى, peace and blessings be upon him and his family, had four of the great angels witness his will to Imam Ali ibn Abi Talib عليه السلام, peace be upon him: Jibril, Mika'il, Israfil, and another whose name I do not remember."

Muhammad ibn Ya'qub Al-Kulayni, may Allah سبحانه وتعالى be pleased with him, narrated from Humayd ibn Ziyad from Ibn Sama'ah from Sulayman ibn Dawud from Ali ibn Abi Hamzah from Abu Al-Hasan عليه السلام, peace be upon him, who said: I said to Imam عليه السلام: "One of your followers passed away, leaving behind young children and some wealth, but he also had a debt that his creditors are unaware of. If the debt is paid, nothing will remain for his children." Imam عليه السلام said: "Spend it on his children."

Muhammad ibn Abi Umayr narrated from Hisham ibn Al-Hakam, who said: I asked Imam عليه السلام about a man who designates his slave for emancipation after his death (mudabbar). Can he revoke this decision? Imam عليه السلام said: "Yes, it is like a will."

Ali ibn Al-Hakam narrated from Ziyad ibn Abi Al-Hallal, who said: I asked Abu Abdullah عليه السلام, whether the Messenger of Allah سبحانه وتعالى, peace and blessings be upon him and his family, had appointed Al-Hasan عليه السلام and Al-Hussain عليه السلام, peace be upon them both, along with the Commander of the Faithful عليه السلام, peace be upon him, in his will. Imam عليه السلام replied: "Yes." I asked: "Even though they were at that young age?" Imam عليه السلام said: "Yes, and this would not be for anyone else under the age of five."