محمد بن إسماعيل

I heard Abu Abdullah (as) say: "A free person and a slave do not inherit from one another."

“Abu ‘Abd Allah, Alayhi al-Salam, has said, ‘When a man dies, his sword, holy book, his ring and coat of arms belong to his eldest son.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of brothers from one’s mother with a grandfather. He (the Imam) said, ‘The ordained share of brothers from one’s mother is one-third if a grandfather is with them.’”

“Abu Ja‘far (a.s.), has said, ‘Obligations and divorce are not dealt with properly without the sword.’”

“Abu ‘Abd Allah (a.s.), has said that ’Amir al-Mu’minin would say if the child of Mula‘anah dies and has brothers the legacy is distributed among them according to the shares ordained by Allah, most Majestic, most Glorious.’”

“I once heard a man asking abu Ja‘far or abu ‘Abd Allah, ‘Alayhim al-Salam, when I was with him (the Imam), about the son of a brother and a grandfather. He (the Imam) said, ‘The legacy is made half and half between the two of them.’”

“Abu ‘Abd Allah (a.s.), has said that about the case of a free man who dies and leaves behind his mother who is owned by someone, Amir al-Mu’minin would say, ‘She is bought with the legacy of her son, then is set free and made to inherit her son.’”

“Abu Ja‘far (a.s.), has said, ‘Making a will for the heir is not harmful.’” Al-Fadl ibn Shadhan from Yunus ‘Abd Allah ibn Bukayr from Muhammad ibn Muslim from abu Ja‘far (a.s.), has narrated a similar Hadith.

“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.’”

“About the case of a woman whose husband dies before going to bed with her, Ali ibn al-Husayn (a.s.), has said, ‘She deserves one-half of mahr (dower), complete inheritance and must count complete waiting period.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of brothers from one’s mother, with a grandfather. He (the Imam) said, ‘The share of brothers from one’s mother with a grandfather is one- third.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of Hamilayn (two men) who are brought from the land of pagans, and one says to the other, ‘You are my brother. 5 They then recognize each other, then they are released and they continue confirming their relationship as brothers, then one of them dies. He (the Imam) said, ‘The legacy belongs to the brother and they must be considered truthful. 555

“About the case of a woman whose husband dies before going to bed with her, abu ‘Abd Allah (a.s.), has said, ‘She deserves one-half of mahr (dower), complete inheritance and she must count the waiting period.’”

“A slave of Ali ibn al-Husayn, ‘Alayhim al-Salam, died. He said, ‘You must look if you can find his heirs.’ It was said that he has two daughters in Yamamah who are owned. He (the Imam) bought them from the assets of the deceased and gave the rest of legacy to them.’” Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from abu Thabit a similar Hadith.

“A man once asked abu Ja‘far (a.s.), about two sisters and a husband. He (the Imam) said, ‘It is half and half.’ The man then said, ‘I pray to Allah to keep you well, Allah has mentioned their share to be more than that. Their share is two-thirds.’ He then asked, ‘What do you say about a brother and husband?’ He (the Imam) said, ‘It is half and half.’ He asked, ‘Has Allah not given the entire legacy, saying, “. . . and he inherits her if she has no children.”?”’

“I once asked abu Ibrahim (a.s.), about a man who has a certain number of children, a certain one of them disappears and he does not know where he is. The man dies. How his legacy is dealt with? He (the Imam) said, ‘His share is kept aside until he comes? I then asked, ‘Is there Zakat on his share?’ He (the Imam) said, ‘No, until he comes.’ I then asked, ‘Is he required to pay Zakat as soon as he comes?’ He (the Imam) said, ‘No, until one year passes with the asset in his hands.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a Muslim man who commits the indecent act with a Jewish woman who gives birth; then he dies leaving behind no other heirs. He (the Imam) said, ‘The legacy must be kept safe from the Jewish woman for the child.’ I then asked about a Christian man who commits the indecent act with a Muslim woman and she gives birth to a boy; then the Christian man dies, leaving behind an asset and about who inherits him? He (the Imam) said, ‘His legacy belongs to his child from the Muslim woman.’”

“About the case of a man who divorces his wife during his illness, abu ‘Abd Allah (a.s.), has said, ‘If he dies from his illness and she has not married, she inherits his legacy. If she has married then she has agreed with what she has done, thus, she does have the right to inherit.’”

“Once abu ‘Abd Allah (a.s.), said to abu Hanifah, ‘O abu Hanifah, what do you say about the case of a people who all die because of the fall of a house? Only two children remain, of whom one is free and the other is a slave of his companion but it is not known which is which’ Abu Hanifah said, ‘One-half of this and one-half of this is set free and the asset must be divided between the two.’ Abu ‘Abd Allah (a.s.), said, ‘It is not as that. By means of raffle whoever ’s name comes out is free and this one is set free to become the Mawla ’ (master) for him.’”

“Once abu ‘Abd Allah (a.s.), was asked, when I was with him, about the case of a newborn who is not a male or female but there is only the anus and how to deal with the inheritance of such person. He (the Imam) said, ‘The Imam and people come in a gathering, pray to Allah then arrange a raffle to see the name of which sex comes and deal with the case according to the result of the raffle. No other means is as fair as raffle; Allah, most Majestic, most Glorious, has said, ‘They cast raffle and he lost in the raffle.’” (37:141)