Chapter on Rare Cases of Bequests

"Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as), freed the worst of his servants at the time of his death and kept the best of them. I (Al-Sadiq (as)) said to him (Al-Baqir (as)): 'O' my father, you are freeing these and keeping those?' He (Al Baqir (as)) replied: ''They have suffered beatings from me, so this is to balance that (their wrongdoings).'"

"Imam Ali ibn Al-Hussain (as), fell ill three times, and in each illness, he would make a will. When he recovered, he would carry out his will."

I asked Abu Al-Hasan (as) 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 (as) handle this matter? Imam (as) replied: "The one-third is what my father (as), peace be upon him, practiced."

"I was with Abu Abdullah (as), when death approached Him (as), and he fell unconscious. When He (as) regained consciousness, He (as) 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 (as) replied: "Woe to you! Do you not read the Qur'an?" I said: "Yes." Imam (as) said: "Have you not heard the saying of Allah (swt), the Mighty and Glorious: 'And those who join that which Allah (swt) has commanded to be joined and fear their Lord (azj) and dread the terrible reckoning'" (Surah Ar-Ra'd 13:21).

"I said to Abu Abdullah (as): '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 (as), 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 (as) 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 (as) 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."

'I wrote to Imam (as) - meaning Imam Ali ibn Muhammad Al-Hadi (as) - 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 (swt) make me your sacrifice, kindly inform me of your opinion so I may act accordingly.' Imam (as) wrote in response: "Release it to them (the surviving children)."

"I wrote to Imam Ali ibn Muhammad Al-Hadi (as) asking about a man who allocated something from his wealth for you - may Allah (swt) 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 (as) 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 (as), asking about a man who made a will, designating something specific from his wealth for you - may Allah (swt) 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 (as) wrote in response: "He has full discretion in all of this until death approaches him."

"I asked Imam Hasan ibn Ali Al-Askari (as), 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 (as) wrote in response: "They are not to be included."

Muhammad ibn Isa reported from Muhammad ibn Muhammad that Ali ibn Bilal wrote to Abu Al-Hasan, meaning Imam Ali ibn Muhammad Al-Hadi (as), 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 (as) wrote in response: 'Send it to me and inform me about it so that I may execute it in the proper manner, if Allah (swt) wills.'"

Commander of the Faithful (as), 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 (as) 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."

I said to Imam (as): 'In our town, sometimes people bequeath wealth to the family of Muhammad (sw), and they bring it to me. However, I hesitate to deliver it to you until I seek your permission.' Imam (as) replied: "Do not bring it to me, and do not involve yourself with it."

'A man bequeathed thirty dinars to the descendants of Sayyidah Fatimah {s.a}, peace be upon her. The man brought the money to Abu Abdullah (as), who said: "Give it to such-and-such an elder from the descendants of Sayyidah Fatimah {s.a}, 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 {s.a}." Abu Abdullah (as) replied: "It will not have the same impact on the descendants of Sayyidah Fatimah {s.a} in general, but it will have a meaningful impact on this man, for he has a family to support."

I said to Imam (as): "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 (as), 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 (as) 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 (as) replied: "This is not the same as that."

I asked Imam (as) 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 (as) said: "I see that you should give ten dinars in charity as he instructed."

"This is something that Allah (swt), 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 (as) replied: "Yes." I asked: "What is it?" Imam (as) said: "The minimum is one-third of one-third."

"The Messenger of Allah (swt), peace and blessings be upon him and his family, had four of the great angels witness his will to Imam Ali ibn Abi Talib (as), peace be upon him: Jibril, Mika'il, Israfil, and another whose name I do not remember."

I said to Imam (as): "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 (as) said: "Spend it on his children."

I asked Imam (as) about a man who designates his slave for emancipation after his death (mudabbar). Can he revoke this decision? Imam (as) said: "Yes, it is like a will."

I asked Abu Abdullah (as), whether the Messenger of Allah (swt), peace and blessings be upon him and his family, had appointed Al-Hasan (as) and Al-Hussain (as), peace be upon them both, along with the Commander of the Faithful (as), peace be upon him, in his will. Imam (as) replied: "Yes." I asked: "Even though they were at that young age?" Imam (as) said: "Yes, and this would not be for anyone else under the age of five."