Volume 7 of 8

In the name of Allah, the Beneficient, the Merciful

Part One

The Book of Wills

Chapter 1

The Will and What it Must Consist of

H 12749, Ch. 1, h 1

Narrated to us Ali ibn Ibrahim from Ali ibn Ishaq from al-Hassan ibn Hazim al-Kalbiy son of the sister of Hisham ibn Salim from Sulayman ibn Ja‘far who has narrated the following:

“Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that the Messenger of Allah has said, ‘A person who does not make a proper will at the time of his death suffers from lack of kindness and proper understanding.’ It was then asked, ‘O messenger of Allah, what kind of will should a dying person make?’ The Messenger of Allah replied, ‘When one is about to die and people gather around him he should say:

“O Allah, the Inventor of the heavens and earth, who has the knowledge of the unseen and the present matters, the Beneficent, the Merciful. O Allah, I entrust You, in this world, with my testimony, ‘I testify that no one beside You (O Allah), who is One and has no partners, deserve to be worshipped. I also testify that Muhammad is your servant and Messenger. I testify that Paradise is true, Hellfire is true, Resurrection is true, that Accountability of everyone, on the Day of Judgment, is true, and Measurement and Balance are true. I testify that Religion is as You have described, that Islam is as You have established and the Word is as You have spoken, that the Quran is as You have sent down and that You are Allah, the manifest truth. I pray to Allah to compensate Muhammad, ‘Alayhi al-Salam, with the best of compensations and welcome Muhammad and his family with the (promised) peace. O Allah, You are my means and resource at the time of my living in distress, and You are my companion at the time of my suffering hardships. You are the Benefactor of bounties I have enjoyed. You are my Lord and the Lord of my ancestors. Do not ever leave me to myself; not even for a blinking of an eye, for if You leave me to myself for a blinking of an eye, I become closer to wickedness and move away from goodness. Comfort me in the grave against my fear and make this an open covenant in my favor on the day when I will come into Your presence.’” Thereafter he should make his will about the matters that he may need. Such a will is based on the words of Allah, most Majestic, most Glorious, in the Chapter of the Holy Quran where Mary is mentioned. “No one will possess any intercession (Shafa‘ah) except those who have entrusted the Beneficent to bear witness to their testimony.’”

“It is a right upon every Muslim to memorize this will and testimony and teach it. Amir al-Mu’minin, ‘Alayhi al-Salam, has said, ‘The Messenger of Allah taught me this will.’ The Messenger of Allah has said, ‘Jibril taught me this will.’”

H 12750, Ch. 1, h 2

Al-Husayn ibn Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali from al-Walid ibn Sabih who has narrated the following:

“Once a Mawla’ of abu ‘Abd Allah, ‘Alayhi al-Salam, accompanied me (on a journey) and complained of illness for several days. Then it seemed as if he had no illness but very shortly, he died. I took his luggage to abu ‘Abd Allah, ‘Alayhi al-Salam, and informed him (the Imam) that he complained for several days, then he seemed as if he had no illness at all, but shortly thereafter he died. He (the Imam) said, ‘That was the comfort of death. No one dies before, Allah, most Majestic, most Glorious, returns his ears, eyes and reason for making a will, regardless of whether he makes use of that opportunity or not.’”

H 12751, Ch. 1, h 3

Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad ibn ‘Uthaman who has narrated the following:

“Once, a man said to abu ‘Abd Allah, ‘Alayhi al-Salam, ‘I once travelled to Makkah and my travel mate, who was a friend, on the way became ill very seriously and I looked after him. He began to feel very well and I thought he is fine. On the day that he died, he became extremely well but on the same day, he died.’ Abu ‘Abd Allah, ‘Alayhi al-Salam, said, ‘To anyone who is about to die, Allah, most Majestic, most Glorious, returns his hearing, seeing and reasoning abilities so that he can make a will, regardless of whether he makes a will or not. It is the comfort that is called the comfort of death and that is the right of every Muslim.’”

H 12752, Ch. 1, h 4

Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Isma‘il from Muhammad ibn al-Fudayl from abu al-Sabbah al-Kinaniy who has narrated the following:

“I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the will. He (the Imam) said, ‘It is a right on every Muslim.’”

H 12753, Ch. 1, h 5

Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad, from ibn Mahbub from al-‘Ala’ ibn Razin from Muhammad ibn Muslim who has narrated the following:

“Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘Making a will is a right that requires compliance. The Messenger of Allah, ‘Alayhi al-Salam, made a will, thus it is proper for a Muslim to make a will.’”

Chapter 2

The Witness for the Will

H 12754, Ch. 2, h 1

Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn `Isma‘il from al-Fudayl from abu al-Sabbah al-Kinaniy who has narrated the following:

“I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the meaning of the words of Allah, most Blessed, most High, ‘O believing people there must be two just (Muslim) witnesses when anyone of you is about to die or from other people.’ (5:106) I asked, ‘What is the meaning of ‘(there must be) two from other people?’ He (the Imam) said, ‘It means two non-Muslims.’ I then asked about ‘two just ones from among yourselves,’ he (the Imam) said, ‘it means two Muslims.’”

H 12755, Ch. 2, h 2

Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy from Muhammad ibn Muslim who has narrated the following:

“I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, if it is permissible for a person of the religion to appoint a witness who is not of the people of his religion. He (the Imam) said, ‘Yes, it is permissible when witness from the people of his own religion is no available; destroying anyone’s right is not suitable.’”

H 12756, Ch. 2, h 3

Muhammad ibn `Isma‘il has narrated from al-Fadl ibn Shadhan and Ali ibn Ibrahim has narrated from his father from all from ibn abu ‘Umayr from Hisham ibn al-Hakam who has narrated the following:

“About the meaning of the words of Allah, most Majestic, most Glorious, ‘. . . and two people from others who are not of your people’ abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘This applies when he is in a place where Muslims are not available, then asking a non-Muslim to bear witness to a will is permissible.’”

H 12757, Ch. 2, h 4

Muhammad ibn `Isma‘il has narrated from al-Fadl ibn Shadhan, from ibn abu ‘Umayr from Rib‘iy who has narrated the following:

“I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, if a woman’s bearing witness to the will of a man when no man is available is accepted. He (the Imam) said, ‘It is effective for one-fourth of what is willed according to her testimony.’”

H 12758, Ch. 2, h 5

Muhammad ibn Yahya has narrated from ‘Abd Allah ibn Muhammad from Ali ibn al-Hakam from Aban who has narrated the following:

“In the case of a will for which there is no witness except a woman, abu ‘Abd Allah, ‘Alayhi al-Salam, accepted it (such witness) for one-fourth of the will according to her testimony.’”

H 12759, Ch. 2, h 6

Muhammad ibn Ahmad has narrated from ibn al-Salt from Yunus ibn ‘Abd al-Rahman from Yahya ibn Muhammad who has narrated the following:

“I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the meaning of the words of Allah, most Majestic, most Glorious, ‘O believing people there must be two just (Muslim) witnesses when anyone of you is about to die or from other people.’ (5:106) Abu ‘Abd Allah, ‘Alayhi al-Salam, said that in this verse, “‘The two from you,” means two Muslims and “the two from others”, means the people of the book. If two people from the followers of the bible are not found then two Zoroastrians can bear witness. The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, established a Sunnah about Zoroastrians like that for the people of the book in paying al-Jizyah (taxes). Thus, if one dies in loneliness in a strange land and cannot find two Muslims, he can appoint two men from the people of the book who are then kept in custody after Salat (prayer). They will take an oath on Allah, most Majestic, most Glorious, saying that they do not sell their oath in exchange for a small price, even in favor of their relatives, that they do not hide the testimony for the sake of Allah; in so doing they will be committing sins.’ He (the Imam) said, ‘This applies only when the heirs of the deceased doubt their testimony and it is found out that they have testified falsely. The heir cannot invalidate their testimony without presenting two witnesses who stand in place of the first two witnesses and take the oath on Allah that their testimony is more accurate than the testimony of the first two witnesses; if we transgress, we will be unjust. If this happens then the testimony of the first two becomes invalid and the testimony of the two later witnesses is admitted as valid. Allah, most Majestic, most Glorious, has said, “This will help preserve a proper testimony. The witnesses will be afraid of the rejection of their own testimony by a second pair of witnesses. Have fear of Allah and listen (properly). Allah does not guide the evil doing people.” (5:108)”’

H 12760, Ch. 2, h 7

Ali ibn Ibrahim has narrated from his people in a marfu‘ manner has said the following:

“Tamim al-Dariy, ibn Baydiy and ibn Mariya once left for a journey. Tamim al-Dariy was a Muslim but ibn Baydiy and ibn Mariya were Christians and they were with Tamim al-Dariy who had certain assets and utensils, which were decorated with gold, and a necklace that he took for the Arab markets for sale. Tamim al-Dariy became ill severely and the time of his death came. He gave whatever he had to ibn Baydiy and ibn Mariya and asked them to deliver it to his heirs. The two came to al-Madinah, delivered the other things but they had taken the utensils and the necklace. The heirs found the utensils missing; so the family of Tamim asked the two men, ‘Did he (Tamim) remain ill for a long time and incurred a large amount of expenses?’ The two replied, ‘He remained ill only for few days.’ They then asked, ‘Was anything stolen from him during his journey?’ The two replied, ‘No, nothing was stolen from him during his journey.’ They then asked, ‘Did he make any business deals that caused him losses?’ The two replied, ‘No, he did not make any such deals.’ They then said, ‘The most expensive things are missing like the utensils decorated with gold and gems and a necklace.’ The two said, ‘Whatever he gave to us we have given to you.’ They then took the two before the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and he (the Messenger of Allah) judged that the two must take an oath. The two took an oath and they were released but the utensils and necklace were seen with them. The heirs of Tamim went to the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, saying, ‘O Messenger of Allah, our assets have been seen in the possession of ibn Baydiy and ibn Mariya.’ The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, waited to hear from Allah, most Majestic, most Glorious, a judgment in the case. Allah, most Blessed, most High, then revealed, ‘Believers, when death approaches any one of you, allow two just men from your own people (Muslims) or any two other men (people of the book), if incident of death befalls you on a journey, bear witness to the bequest. [Allah, most Majestic, most Glorious, applied the testimony of the people of the book about the will when it is on a journey and Muslims are not found] If you have any doubts about their (others’) honesty, detain them and allow them take an oath after the prayer, each one of them saying, “I swear by Allah that my testimony is true. I am not selling the Truth for a paltry price even though the beneficiary would be one of my relatives. I do not hide the testimony which is the right of Allah, for then I will be one of the sinners.” (5:106)’ This is the testimony, which is sanctioned by the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause. ‘If their honesty is challenged, [they took false oath], two others from the relatives of the deceased should swear in the same way and testify to the bequest saying, “We swear by Allah that our testimony is the more accurate one. We do not transgress in the matter lest we become unjust ones.” (5:107)’ The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, commanded the heirs of Tamim al-Dariy to take an oath according to His command. They took an oath and the Messenger of Allah took the utensils and the necklace from ibn Baydiy and ibn Mariya and returned them to the heirs of Tamim al-Dariy. This is the least in presenting the testimony as it is for fear of another oath’s rejection of their oath thereafter.”

Chapter 3

A Man Makes a Will and Appoints an Executor but he Refuses to Accept it

H 12761, Ch. 3, h 1

Ali ibn Ibrahim has narrated from his father from Hammad ibn ‘Isa from Rib‘iy from Muhammad ibn Muslim who has narrated the following:

“If one makes a will and appoints a certain person as the executor of the will who is not present in town he cannot refuse to accept the appointment, but if he is town he has the choice to accept or refuse it.’”

H 12762, Ch. 3, h 2

Muhammad ibn `Isma‘il has narrated it from al-Fadl ibn Shadhan, from ibn abu ‘Umayr, from Rib‘iy, from Fudayl who has narrated the following:

“It is about the case of a man who is appointed in a will as the executor a will. Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If the appointment is sent to him from another town he cannot refuse to accept the appointment, but if it is from the same town then it is up to him to accept or reject it.’”

H 12763, Ch. 3, h 3

Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Ali ibn al-Hakam from Sayf ibn `Amirah from Mansur ibn Hazim who has narrated the following:

“Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If a man makes a will in which he appoints his brother as the executor when he is absent, he cannot refuse the appointment for if he was present and refused, another person could have been appointed as the executor.’”

H 12764, Ch. 3, h 4