ভূমিকা

Shiavault - a Vault of Shia Islamic Books A Summary of Rulings The Rules of the Will Issue 945: The will (Wasiyah) is that people seek to establish a particular act after their death. This will is called the covenant will (Al-Wasiyah Al-'Ahdiyyah), like someone making a will regarding matters related to his burial shroud (Kafan), the place of his burial and his ceremonies. Or someone makes a will that part of his property is the possession of an individual after his death.

This will is called the will of transfer of property (Al-Wasiyah At-Tamleekiyyah). Or he specifies a caretaker or guardian for his children. Issue 946: It is permissible for he who intends to make a will that he note what he desires by words or writing. When he is unable to speak or write, it is permissible to make a will by gestures which convey his intent.

Issue 947: In addition to the will, it is permissible to perform all of transactions (Mu’aamalah) by means of writing or undertaking an action according to what is common in our present time whereas records are completed by the method of receipts and signing it. However, in marriage and divorce, it is objectionable to be content with writing. Issue 948: Conditional in the one making the will is that he be mature (Baaligh) and sane ('Aaqil).

However, the child who is in the age of ten who can distinguish between good and evil, when he desires to will a certain righteous act, like building a Masjid and school and hospital or he wills some matters for his relatives (that are) appropriate and reasonable, his will is proper.

As such it is conditional that the one making the will not be incompetent (Safeeh) nor restricted from utilizing his property by the ruling of the Religious Authority and that he make the will with intent and free will and is not compelled nor forced. Issue 949: When people witness the effects of death and its signs in themselves it is obligatory upon them to surrender deposits (Amaanaat) and immediately return them to the (appropriate people).

Just as it is obligatory upon he is indebted and the term of his debt has arrived (it is obligatory) that, without delay, he will immediately pay it. When it is not possible that he can act like that or the term of payment of his debt had not arrived, it is obligatory that he make a will (regarding it). When he is not content that they will come to know of his will, it is obligatory upon him to bring someone as a witness for it.