Chapter on Bequests Made Through Writing and Gestures

Muhammad ibn Ahmad Al-Ashari narrated from Al-Sindi ibn Muhammad from Yunus ibn Yaʿqub from Abu Maryam, who narrated from his father: Umamah bint Abi Al-Aṣ - whose mother was Zaynab, the daughter of the Messenger of Allah سبحانه وتعالى (peace be upon him and his family) - was married to Imam Ali ibn Abi Ṭalib عليه السلام after Sayyida Faṭimah صلى الله عليه وعلى آله وسلم (passed away). After the martyrdom of Imam Ali ibn Abi Talib عليه السلام, Al-Mughirah ibn Al-Nawfal married her. It was narrated that she became severely ill until her tongue became paralyzed. Imam Hasan ibn Ali عليه السلام and Imam Hussain ibn Ali عليه السلام, the sons of Imam Ali ibn Abi Talib عليه السلام, came to her while she was unable to speak. They عليه السلام began asking her, while Al-Mughirah disapproved. They عليه السلام asked: "Did you emancipate so-and-so and his family?" She nodded her head in agreement. They عليه السلام continued: "And this and that?" She again nodded her head in affirmation but could not speak clearly. Her gestures were accepted as valid in confirming her wishes.

It was narrated from Ibrahim ibn Muhammad Al-Hamadhani, who said: I wrote to Abu Al-Hasan Imam Ali ibn Abi Talib عليه السلام regarding a man who wrote something in his own handwriting but did not tell his heirs, "This is my will," nor did he say, "I have made a will." However, he wrote a document that contained what he intended to bequeath. I asked whether it was obligatory for his heirs to fulfill what was written in his handwriting, even though he did not command them to do so. Abu Al-Hasan عليه السلام replied: "If he had children, they must carry out everything they find written in their father's document, whether it pertains to acts of righteousness or anything else."