When he is content that his heirs will pay his debts...

When he is content that his heirs will pay his debts, a will is not obligatory upon him. Issue 950: He who witnesses the effects of death and its signs and has Khums, Zakah and the restitution of an injustice obligatory upon him, it is obligatory that he immediately set out to pay that which is obligatory upon him.

When that is not possible, then, if he has property or does not have property but there is a probability that his relatives will pay it on his behalf, it is obligatory that he make a will (to that effect). Likewise, when one has an obligatory pilgrimage upon him and when the Qadhaa’ of a prayer or fast was in his responsibility, it is obligatory upon him to make a will, according to obligatory precaution (with the observance of that which has passed in the prayer and fast for hire).

Issue 951: He who has a debt, an obligatory pilgrimage, Khums, Zakah and whatever is similar to that in his responsibility, and, then, dies, it is obligatory to pay these matters from the principle of his property, although he had not made a will. When some is in excess, if he had willed to disburse of third of it or something from its third in a particular area, it is obligatory to act according to his will.

When he had not will anything to anyone, there is not third for him, rather, whatever is in excess of the payment of his debts is for his heirs. Issue 952: It is not permissible for people to make a will for more than one third of his property, except when the heirs give permission for that, whether this permission was before his death or after his death.

It is not permissible for the heirs to revoke their permission after his death, whether they had permitted it and given permission before his death or after it, according to obligatory precaution. Issue 953: When there were various will for various actions for a person and the third (of his property) is not sufficient, it is obligatory to act according to what has come in his will in the first sequence.

Then, the first until it reaches a third and the remaining will is invalid (except with the permission of his heirs). As for when one mentions in his will the obligatory acts (like the pilgrimage, Khums, Zakah and injustices) also this part of the will is taken from the principle of his inheritance and the remaining from the third. Previous…