The Owner is more Rightful to his Property as Long as he is Living

“I once heard abu ‘ Abd Allah (a.s.), saying, ‘The owner of the asset has a greater degree of rights in his assets as long as there is some spirit in him. He can do about it whatever he wants.”’

“Abu ‘Abd Allah (a.s.), has said, ‘A man is more rightful to his assets as long as there is the spirit in him and if he makes a will about all of it, it is permissible.’”

“Abu ‘Abd Allah (a.s.), has said, ‘One who is about to die is more rightful to his assets as long as he is alive.’”

“The brother of Romiy ibn ‘Umar made a will that said, ‘All of his assets must be given to abu Ja‘far (a.s.) . ’ ‘Amr has said that Romi narrated to me saying, ‘I placed the assets before abu Ja‘far (a.s.), and said, “This is what my brother has given to you in his will” and I began to read it for him.’ He (the Imam) said, ‘Wait; take this, I have given it to you as a gift and deliver that.’ I continued until the end of the will and found that he (the Imam) had taken only one-third. I then asked, ‘Have you commanded me to deliver to you one-third and keep two-thirds?’ He (the Imam) said, ‘Yes, that it is correct.’ I then asked, ‘Can I sell them and bring them to you?’ He (the Imam) said, ‘No, whenever possible for you do not sell anything.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who has children; if he can assign his assets to his relatives. He (the Imam) said, ‘They are his assets, he can place it wherever he wants until death comes upon him.’”

“About the case of a man who gives a certain amount of his property during his illness, abu ‘Abd Allah (a.s.), has said, ‘If he keeps such assets aside, it then is permissible, but if he has only said so in his will then it is from one-third of his legacy.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who is about to die; if he is more rightful to his assets as long as there is spirit in him. He (the Imam) said, ‘Yes, that is right but if he makes a will and it is more (than the one-third) it applies to one-third of his legacy only.”’

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who has a son; if he can give his assets to his relatives. He (the Imam) said, ‘They are his assets, he can do to it whatever he wants until death comes upon him.’”

“Abu ‘Abd Allah (a.s.), has said, ‘A man is more rightful to his assets as long as there is spirit in his body.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who has a son; if he can give his assets to his relatives. He (the Imam) said, ‘They are his assets, he can do to them whatever he wants until death comes upon him; the owner can do whatever he wants as long as he is alive. He can give it as a gift or charity, or he can leave it until his death comes. If he makes a will it only applies to one-third of his legacy. It is more excellent for him not to neglect those who are his dependent and he must not harm the heirs. It is narrated that the Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, once criticized a man of al-Ansar who set free his slaves and no one was left for him, saying, ‘He has left behind small children to beg from people.’”