سورة البقرة

Lady Zahra (peace be upon her): In a long hadith in which Lady Zahra (peace be upon her) addressed the people and spoke about a right which they had denied to them (the Ahl al-Bayt of the Prophet (peace be upon him and his family)), it is reported thus: "The Lord says: 'And the possessors of kinship are more entitled to one another in the ordinances Allah has prescribed, [than others].' (Anfal/75) And He said: 'Allah instructs you concerning your children: the share of the male shall be equal to that of two females.' (Nisa/11) And He said: 'If he leaves behind wealth, bequest is prescribed for parents and near relatives, according to usage; this is a duty upon the Allah-fearing!' (Baqara/180). And you suppose that I have no share and no inheritance from my father, and that there is no kinship between us?! Has Allah singled you out with a verse and excluded my father — may Allah's blessings be upon him and his household — from it?!"

Imam Ali (peace be upon him): One who has made a bequest [concerning his wealth] and has not been unjust nor caused harm to anyone in the matter is like one who gave that wealth in charity during his lifetime; and one who at the time of his death does not make a bequest concerning his wealth for those relatives who do not naturally inherit from him has indeed sealed his deeds with error and disobedience.

Imam Baqir (peace be upon him): Muhammad ibn Muslim has narrated from Imam Baqir (peace be upon him): I asked him about [the permissibility of] making a bequest for heirs (those who inherit even without a bequest). He said: "Such a bequest is permissible."

Imam Sadiq (peace be upon him): Muhammad ibn Muslim says: I asked the Imam (peace be upon him) about a man who has a child from another wife: Is there any objection to his preferring some of them over others [in the distribution of inheritance]? The Imam (peace be upon him) said: "It does not matter [and there is no objection]."

Imam Sadiq (peace be upon him): It is narrated from Isma'il ibn Abd al-Khaliq: I heard Imam Sadiq (peace be upon him) speaking about a person who had allocated a portion of his wealth to some of his children. He said: "There is no problem in that."

Imam Sadiq (peace be upon him): Imam Sadiq (peace be upon him) was asked about a man who had made a bequest in favour of his relatives [who would naturally inherit]. He said: "He is permitted to do so."

Imam Baqir (peace be upon him): If someone makes a proper and good bequest for non-heirs [i.e. those who would not naturally inherit even without a bequest], whether young or old, his bequest is valid.

Imam Sadiq (peace be upon him): It is narrated from Abu Wallad al-Hannat: I asked Imam Sadiq (peace be upon him): "Can a deceased person make a bequest of something for an heir [who would inherit even without a bequest]?" He said: "He can."

Imam Sadiq (peace be upon him): [Aban has narrated from Abd al-Rahman ibn Abi Abdillah (peace be upon him) that:] I asked Imam Sadiq (peace be upon him) about a woman who said to her mother: "If you are alive after me, then my slave-girl shall be yours." So [the Imam (peace be upon him)] declared that bequest valid; even if that woman had a daughter surviving her, the slave-girl still belongs to her mother.

Imam Sadiq (peace be upon him): Qasim ibn Sulayman said: I asked Imam Sadiq (peace be upon him) about a man who, during his illness, informed his heir of a debt he owed. He said: "Neither that bequest nor that acknowledgement made to an heir is valid."

Ali ibn Ibrahim (may Allah have mercy on him): This verse has been abrogated by this saying of the Lord: Allah instructs you concerning your children — that the share of a son is equal to the share of two daughters. (Nisa/11)

Imam Sadiq (peace be upon him): This verse has been abrogated by the verse of the obligatory shares, which are the inheritances. Allah instructs you concerning your children: the share of the son is equal to the share of two daughters. And if they are [only] daughters, more than two, then for them is two thirds of the inheritance. And if there is [only] one daughter, she receives half. And if the deceased has a child, then each of the parents receives one sixth of the inheritance. And if he has no child and the [only] heirs are his parents, then the mother receives one third of the estate. But if he has brothers, then the mother's share, after [fulfilling] any bequest he has made and paying his debt, is one sixth. And you do not know which of your fathers or your sons is more beneficial to you. These are the ordinances of Allah; indeed Allah is All-Knowing, All-Wise. (Nisa/11)

Imam Baqir (peace be upon him) and Imam Sadiq (peace be upon him): Abu Basir narrated from one of them: The verse mentioned فَمَنْ بَدَّلَهُ بَعْدَ ما سَمِعَهُ [Then whoever alters it after having heard it] has not been abrogated, and Allah established the rule of one third for the deceased; because Bara ibn Ma'rur died in Medina before the Prophet's migration [to Medina], and he bequeathed one third of his wealth to the Messenger of Allah (peace be upon him and his family), and his face was turned towards the Messenger of Allah (peace be upon him and his family), who at that time was present in Mecca. So this act became the sunnah.

Imam Baqir (peace be upon him) and Imam Sadiq (peace be upon him): "Khayr" here — where Allah the Mighty and Majestic said: إِنْ تَرَکَ خَیْراً الْوَصِیَّةُ لِلْوالِدَیْنِ وَ الْأَقْرَبِینَ بِالْمَعْرُوفِ [If he leaves behind wealth, a bequest for the parents and near relatives according to usage] — means wealth; and if [the person] is among those who is able to earn and dispose of property [i.e. not a minor or incapacitated], then he is the one in whom there is "khayr" (that is, he is fit to make a bequest).

Imam Ali (peace be upon him): A man of little wealth came into the Imam's presence and said: "O Amir al-Mu'minin (peace be upon him)! Should I too make a bequest?" The Imam said: "Enjoin taqwa of Allah, but as for the wealth, leave it to your heirs, for it is little and trifling [and does not need a bequest]. Allah said: إِنْ تَرَکَ خَیْراً [if he leaves behind wealth], while you do not have wealth about which to make a bequest."

Imam Ali (peace be upon him): The Imam went to visit one of his sick slaves who had seven hundred or nine hundred dirhams. So [the slave] said: "Shall I not make a bequest?" The Imam (peace be upon him) said: "Allah said إِنْ تَرَکَ خَیْراً [if he leaves behind wealth], and you do not have much wealth [so there is no need to make a bequest]."

Imam Sadiq (peace be upon him): That (rule of inheritance) is a right which Allah the Mighty and Majestic has made obligatory, out of a third of the wealth, for the possessor of this matter (the one who owns the wealth and leaves behind an inheritance). The Imam (peace be upon him) was asked about the amount of this right. The Imam said: The least of it is that about one-third of the wealth carries this ruling, and the remainder of the wealth is to be spent, in accordance with the view, bequest and wish of the deceased, on whatever the deceased wishes.

Imam Sadiq (peace be upon him): Sama'a ibn Mihran narrated from Imam Sadiq (peace be upon him): Regarding the saying of Allah the Exalted الْوَصِیَّةُ لِلْوالِدَیْنِ وَ الْأَقْرَبِینَ بِالْمَعْرُوفِ حَقًّا عَلَی الْمُتَّقِینَ [The bequest is for the parents and near relatives, according to usage, a duty upon those who guard against evil] he said: "This ruling is something which Allah the Mighty and Majestic has appointed for the possessor of this matter (the one who owns the wealth and leaves behind an inheritance)." I said: "Is there a specified limit for it?" He said: "Yes!" I said: "How much is it?" He said: "The least amount of it is a third of a third [of the wealth]."

Imam Sadiq (peace be upon him): Ammar ibn Marwan said: "I asked Imam Sadiq (peace be upon him) about this saying of Allah إِنْ تَرَکَ خَیْراً الْوَصِیَّةُ [if he leaves behind wealth, the bequest]." He said: "It is a right which Allah has appointed in the wealth of the people for the possessor of this matter." Ammar said: I asked: "Does it have defined limits?" He said: "Yes!" I said: "How so?" He said: "The least of it is one-sixth and the most of it is one-third [of the wealth]."

Imam Rida (peace be upon him): If [a person] bequeaths one-fourth of his wealth, it is more beloved to me than that he should bequeath one-third of it, because bequeathing one-third of the wealth is bequeathing the maximum amount that can be bequeathed. So if he bequeaths regarding all his wealth [meaning that same one-third which is permitted], then he himself is more aware of what he has done (he has the choice), and he obligates the executor to act according to what he has bequeathed.