Chapter on What Has Been Reported Regarding One Who Makes a Bequest or Frees a Slave While in Debt

Muhammad ibn Abi Umayr narrated from Jamil ibn Darraj from Zakariya ibn Abi Yahya Al-Sa'di from Al-Hakam ibn Utaibah, who said: We were sitting at the door of Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام, as a group waiting for him to come out. Suddenly, a woman approached and asked: "Which of you is Abu Ja'far?" The people replied: "What do you need from him?" She said: "I want to ask him a question." They told her: "This is the jurist of the people of Iraq, so ask him." She said: "My husband passed away and left behind one thousand dirhams. I had a debt upon him from my dowry of five hundred dirhams. I took my dowry and also took my share of the inheritance. Then a man came and claimed that the deceased owed him one thousand dirhams, and I testified in his favor." Al-Hakam said: While I was pondering this, Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام, came out and said: "What is this that I see you counting with your fingers, O' Hakam?" I said: "This woman mentioned that her husband died, leaving one thousand dirhams. She had five hundred dirhams as her dowry, which she took, and she also took her share of the inheritance. Then a man came claiming that the deceased owed him one thousand dirhams, and she testified in his favor." Al-Hakam said: By Allah سبحانه وتعالى, I had not even finished speaking when Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام, said: "She has admitted to two-thirds of what she possesses, and she has no right to any inheritance." Al-Hakam said: By Allah سبحانه وتعالى, I have never seen anyone more insightful than Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام. Ibn Abi Umayr said: The explanation of this is that there is no inheritance until debts are settled. The deceased only left one thousand dirhams, while he owed a total debt of one thousand five hundred dirhams - five hundred dirhams to her (as her dowry) and one thousand dirhams to the man. Therefore, she is entitled to one-third of the remaining amount because of her five hundred dirham debt, and the man is entitled to two-thirds due to his claim of one thousand dirhams.