The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No. 2339- The person for whom a Will has been made, should be existent at the time of the Will. Hence, if a person makes a Will that a property be given to a child who may possibly be conceived, it is void as an obligatory precaution, and in case one makes such a will the obligatory precaution is that a compromise should be made with the heirs. However, if one makes a Will for a child who is in the mother’s womb, though it may not have soul yet, the Will is in order. In case, therefore, the child is born alive, what the testator had willed should be carried out, and if the child is born dead, the Will becomes void and that property will be inherited by the heirs.

Issue No. 2340- If a person comes to know that someone has appointed him as his executor, and he informs the testator that he is not prepared to perform the duties of an executor, and if he (the testator) can appoint another person as the executor of his Will, the first Will becomes void. However, if he does not come to know about it before the death of the testator, or comes to know about it but does not inform the testator that he is not prepared to act as an executor, or he informs him, but he does not have access to anyone else, the obligatory precaution is that he should act upon the Will except for when the execution of the Will involves extreme hardship for him.

Issue No. 2341- After the testator dies, the executor cannot appoint another person to execute the Will and keep aloof himself. However, if he knows that the deceased did not mean that the executor should perform the task himself and what he wanted was only that the task be accomplished, he may appoint another person as his agent.

Issue No. 2342- If a person appoints two persons as joint executors, and if one of them dies, or becomes insane, or apostatizes, the Mujtahid or his representative will appoint another person in his place. And if both of them die or become insane or apostates, the Mujtahid or his representative will appoint two persons in their place.

Issue No. 2343- If an executor alone cannot perform all the tasks laid down in the Will of the deceased and cannot hire someone else to help him, the Mujtahid or his representative will appoint someone to assist him in his duties.

Issue No. 2344- If all or a part of the property of the deceased is lost or damaged while in the custody of the executor, and if he has not been negligent in looking after it or has not acted against the tasks laid down in the Will by the deceased, he will not be responsible, otherwise he will be.

Issue No. 2345- If a person appoints someone as his executor and says that after the executor’s death, another person should be the executor in his place, this Will is in order, and if the first executor dies, the second executor replaces him.

Issue No. 2346- Debts and the expenses of obligatory ḥajj, khums and zakāt should be paid from the entire estate, though he may not have made a Will for them. And if the property of the deceased exceeds his debts and obligatory religious dues like the one mentioned above, and if he has also willed that 1/3 or a part thereof of his property be put to a particular use, his Will should be followed, and if he has not made a Will, 1/3 of the property will not be for him, and what remains after the deduction of his debts and religious dues is the property of the heirs.

Issue No. 2347- One cannot will more than 1/3 of his property, unless the heirs give consent to it, irrespective of whether this permission is before his death or after it, and the heirs cannot, as an obligatory precaution, withdraw their permission whether they have given it before his death or after.

Issue No. 2348- If a person makes many Wills for various tasks and if 1/3 of his property does not suffice, they should act upon what is mentioned in the Will till it reaches 1/3 of the property, and the remainder of the Will (which exceeds the expenditure of 1/3) is void, except for when the heirs give their consent. However, if in his Will he has also mentioned obligatory religious dues, like ḥajj, khums, zakāt and maẓālim, this portion will be deducted from his entire estate and the rest from 1⁄3.

Issue No. 2349- If a person claims that the deceased had willed that a certain amount be given to him, and two just men confirm his statement, or if he takes an oath and one just man also confirms his statement, or if one just man and two just women or four just women bear witness to what he says, the amount claimed by him should be given to him. And if at the time of making a Will, there was not a just man present, and only one just woman bears witness, 1/4 of the amount claimed by him should be given to him, and if two just women bear witness, 1/2 of that amount should be given to him, and if three just women bear witness, 3/4 of it should be given to him. Also, if two non-Muslim males from among the People of the Book who are deemed as just in their own religion, confirm his statement, and if the dead person was obliged to make a Will while no just Muslim man and woman were present at that time, the will be should be acted upon.

Issue No. 2351- If a person makes a Will that something out of his property is for a particular person, and that beneficiary dies before accepting or rejecting it, his heirs can accept the Will, whether he (the beneficiary) has died before the testator or after him, provided that the testator does not revoke his Will.