محمد بن قيس البجلي

“I once asked abu Ja‘far (a.s.), about the case of a man who gives preference to certain ones of his children. He (the Imam) said, ‘Yes, he can do so, and his women.’”

I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) about a man who gives preference to some of his children over others. Imam (as) replied: "Yes, and he may also favor some of his wives (over other wives)."

I asked Imam (as) about a man who bequeathed a portion of his wealth - a third or a fourth - to another man. Then, the man (the testator) was mistakenly killed. Imam (as) said: "The will is to be executed from his wealth and from his blood money (diyyah)."

"The Commander of the Faithful (as) ruled regarding a man who passed away and had bequeathed all of his wealth or most of it. Imam Ali ibn Abi Talib (as) said: 'The will is to be adjusted to what is customary, and the rightful inheritance must be left for the heirs.'"

Commander of the Faithful (as) said: "Indeed, the debt takes precedence over the will, then the will follows after the debt, and then the inheritance comes after the will. Verily, fulfilling what is prescribed in the Book of Allah (swt), the Mighty and Majestic, has the highest priority."

“I once said to abu Ja‘far (a.s.), that a man made a will to another man about his assets, one-third or one-fourth of his legacy, and then the testator is killed mistakenly. He (the Imam) said, ‘Funds must be kept aside for this will from his legacy and the wergild.’”

“Abu Ja‘far (a.s.), has said that ’ Amir al-Mu’minin has said, ‘A debt must be paid before the will, then the will is paid for. Thereafter are the shares of the heirs after the will, because the first judge in the case is the book of Allah, most Majestic, most Glorious.’”

"The Commander of the Faithful Imam Ali ibn Abi Talib (as) used to say: 'To bequeath one-fifth of my wealth is more beloved to me than to bequeath one-fourth, and to bequeath one-fourth is more beloved to me than to bequeath one-third. Whoever bequeaths one-third without leaving anything behind has gone to excess.'" Imam (as) also said: "Whoever bequeaths one-third of his wealth without leaving anything has reached the limit."

"Commander of the Faithful (as) ruled concerning a man who made a bequest to another, but the person to whom the bequest was made was absent and died before the one who made the bequest. Imam (as) said: 'The bequest is for the heir of the one to whom it was made.' Imam (as) also said: 'Whoever makes a bequest to someone, whether present or absent, and the beneficiary dies before the one who made the bequest, then the bequest goes to the heir of the beneficiary, unless the testator revokes the bequest before his own death.'"

"Return my wealth to me so I can get married," but the guardian refused. The boy then went and committed adultery. Abu Abdullah (as), said: "Two-thirds of the sin of this man's adultery is upon the guardian who withheld his wealth and did not give it to him, which would have allowed him to marry."

“Abu Ja‘far (a.s.), has said that ’Amir al-Mu’minin once issued a judgment, about the case of a man who made a will and the beneficiary who was absent, died before the testator, that the benefit belongs to the heir of the beneficiary.’ He (the Imam) said, ‘If one makes a will, regardless of his absence or presence, if the beneficiary dies before the testator, the benefit belongs to the heir of the beneficiary unless the testator changes his will before his death.’”

"The Commander of the Faithful (as), peace be upon him, ruled concerning a contracted slave (mukatab) who was married to a free woman. She made a bequest for him at the time of her death. Imam (as) said: 'The people entitled to inheritance cannot have her will executed for him because he is a mukatab who has not been freed.' Then Imam (as), peace be upon him, ruled that he would inherit in proportion to what had been freed of him and that the will for him would be valid in proportion to what had been freed of him." Imam (as) also ruled regarding a mukatab for whom a will had been made, and he had paid half of what was due upon him, that half of the will was valid for him. Imam (as) also ruled regarding a mukatab who had paid a quarter of what was due upon him and for whom a will had been made, that a quarter of the will was valid for him. Imam (as) said about a man who made a will for his female mukatabah and she had paid one-sixth of what was due upon her, that the will was valid for her in proportion to what had been freed of her.

“This is about the case of a contracted slave who is married to a free woman who in her will assigns something for him and the heirs disagree with her will, saying that he is not free but is only contracted and he cannot inherit. Abu Ja’far (a.s.), issued a judgment that he inherits proportionate to the degree of his freedom according to the contract. He (the Imam) (a.s.), judged in the case of a contracted slave for whom a will was made and the slave had paid one-half according to the contract. The judgment granted him one-half of the will. He (the Imam) (a.s.), judged one-fourth of the amount of will in favor of the slave who had paid one-fourth of the amount required according to the contract. About the case of a free man who had made a will for a contracted slave-girl who had paid one-sixth of what was required according to the contract, He (the Imam) (a.s.), judged in her favor proportionate to what was made free from her.

“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.’”