The only really significant difference between the Shi'ah...

The only really significant difference between the Shi'ah and Sunni schools of jurisprudence in the laws of inheritance concerns the principles of " "awl" and "ta'sib" 3. The Imamiyah jurisprudents have proved by means of ahadith from the Ahlu'l-bayt (a.s.) that there is no 'awl or ta'isb in the matter of inheritance. This was also the opinion held by the great companions of the Holy Prophet.

The well-known statement of Ibn 'Abbas in which he speaks against 'awl and ta'sib can be taken as authoritative. There are also other grounds of proof for negating these two principles. 10. Endowments (waqf); Gifts (nibah) and Charities (sadaqah) If someone owns some property and wishes to relinquish possession of it, his transference of it may be such that it is final.

That is, now only will it go out of his possession, but he can never claim it back, whether, e.g., he frees a slave, or gives up possession of a house or some land to make it a place of worship, a mosque, or a place for use in pilgrimages. By such an act, the property can never again return to the ownership of that person again. In such a case, in fact, the item can never again be anyone's property.

On the other hand, the person may relinquish possession of some property which then passes into the hands of another. Such a transaction may be based on exchange or a monetary transaction, it may be part of a peace treaty, etc. Thirdly, he may relinquish ownership without any exchange taking place, but solely with regard to the world to come and recompense therein.

This is what is commonly known as "sadaqah", and this is in turn divided into two parts: a) if the property is durable and the donor's intention is that it should last and any profits from it used in good acts, it will then be called an endowment (waqf); b)if it is not durable or the donor has not stipulated any conditions for its being permanently kept and utilised, it will then be called sadaqah proper (charity).

Fourthly, if possession of some property is handed over to someone else without there taking place any exchange and without any thought of Divine recompense (e.g. for the sake of friendship), the donation is called hibah (gift). If, however, some exchange takes place, e.g. one man gives another his shirt on the condition that the second man gives a book to him, it is called " 'iwad" (a consideration).