The Matters for which one can Make a Will and what is Preferable in the Issue

“Abu ‘ Abd Allah (a.s.), has said that al-Bara’ ibn Ma’rur al-Ansariy lived in al-Madinah. The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, lived in Makkah, and with his companions performed Salat (prayer) facing the direction of Bayt al-Maqdis. Al-Bara’ made a will that said, ‘His face in grave must be kept toward the direction to which the Holy Prophet performs Salat (prayer) and about one-third of his legacy and thus the Sunnah was established.”’

“Durrah, daughter of Muqatil has died. She has left assets and pieces of land in several places. She had made a will for her master of the pieces of land, which was more than one-third of her legacy. We are the executors of her will and like to ask our master if he commands to approve that will as it is, so we can also approve; and if he commands other things we follow his command in all that he commands by the will of Allah. He (the narrator) has said that he (the Imam) (a.s.), wrote in his own handwriting that said, ‘More than one-third is not obligatory on her legacy. If you have preferences and you are of the heirs it then is permissible for you by the will of Allah.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who dies and about what is for him from his legacy. He (the Imam) said, ‘One third of his legacy is for him and this applies to a woman also.’”

“Abu Ja‘far (a.s.), in this statement refers to the words of ’Amir al-Mu’minin. He (the Imam) said, ‘If I make a will about one-fifth of my legacy it is better than making a will about one- fourth of my legacy, and if I make a will about one-fourth of my legacy it is better than a will about one-third of my legacy. One who makes a will about one-third of his legacy and leaves nothing, he has exaggerated.’ “He (the Imam) (a.s.), has said that ’Amir al-Mu’minin issued a judgment in the case of a man who had made a will about all of his legacy or most of it. He (the Imam) said, ‘The will is turned from unacceptable status into what is acceptable. If one does injustice to himself and comes up with an unacceptable will and an unjust one, it then is turned to an acceptable one to leave the legacy for the heirs.’ ’Amir al-Mu’minin has said, ‘If one makes a will about one-third of his legacy which does not leave anything for the heirs, he has reached the ultimate condition.’ He (the Imam) then said, ‘If one makes a will about one-fifth of his legacy it is more likable to me than a will about one-fourth.’”

“Abu ‘ Abd Allah (a.s.), has said, ‘If one makes a will about one-third of his legacy he has harmed the heirs. Making a will about one-fifth or one-fourth of the legacy is better than making a will about one-third. If one makes a will about one-third he has not left anything (for the heirs).’”

“Abu ‘Abd Allah (a.s.), has said, ‘If one makes a will about one-third has not left any legacy.’”

“Abu ‘Abd Allah (a.s.), has said that ’Amir al-Mu’minin has said, ‘If one makes a will about one-third of his legacy, then is killed by mistake, one-third of the wergild for him becomes part of that which he has willed.’”