This is part 3 of 5 of “The Book of Wills”, book 28 of Al-Kafi — Hadith 12,853–12,902. The book is long enough that it is split across 5 pages so each one stays quick to load; the parts run in order and are linked at the foot of the page.
2. Ahmad ibn Muhammad has narrated from Ali ibn al-Hakam from Ali ibn al-Nu’man from abu Ayyub from Muhammad ibn Muslim who has narrated the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘When a boy is about to die his will is permissible in favor of the relatives but not in favor of the strangers.’”
3. Al-Husayn ibn Muhammad has narrated from Mu‘alla’ ibn Muhammad from certain persons of his people from Aban ibn ‘Uthman from ‘Abd al-Rahman ibn abu ‘Abd Allah who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘When a boy becomes ten years old his will is permissible.’”
4. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from ‘Abd Allah ibn Jabalah from abu al-Mighra’ from abu Basir who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘When a boy becomes ten years old and makes a will about one-third of his assets for a right cause, his will is permissible; but when he is seven years old his will about only a small amount of assets is permissible.’”
1. A number of our people have narrated from Ahmad ibn Muhammad ibn ‘Isa from Ahmad ibn Muhammad from ibn abu Nasr who has narrated the following: “I once copied the following from a book with the handwriting of abu al-Hassan, ‘Alayhi al-Salam. It said, ’So and so, your Maxvla’ (friend), has died leaving behind a son of his brother, a mother of his child who does not have a child but he has assigned in his will one thousand for her; if such will is lawful and if freedom applies to her and her condition. It is a request for your opinion, I pray to Allah to keep my soul in service for your cause.’ He (the Imam), ‘Alayhi al-Salam, had written on it, ’She is free in one-third and the will belongs to her.”’
2. Ahmad ibn Muhammad has narrated from ibn abu ‘Umayr from Husayn ibn Khalid who has narrated the following: “I once wrote to abu al-Hassan, before this abu al-Hassan, ‘Alayhi al-Salam, about the case of a man who died and left behind a mother of child for whom he willed something in his lifetime, then died. He (the Imam) wrote, ‘She can have what her master had given her in his lifetime in an acceptable manner. The testimony of both man and woman is acceptable in it as well as the testimony of a servant who is not accused of wrong doing.’”
3. Muhammad ibn Yahya has narrated from those whom he has mentioned who have narrated the following: “About the case of the mother of a child, when her master dies who has made a will for her, abu al- Hassan, al-Rida’, ‘Alayhi al-Salam, has said, ‘She becomes free in one-third and the will belongs to her.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father from all from ibn Mahbub from Jamil ibn Salih from abu ‘ Ubaydah who has narrated the following: “I once asked abu ’Abd Allah, ‘Alayhi al-Salam, about the case of a man who had a mother of a child from whom he had a boy; and at the time of his death, willed for her two thousand or more; if the heirs can keep her as a slave-girl. He (the Imam) said, ‘No, they cannot keep her as a slave. She becomes free in one-third of the legacy of the deceased and receives what is willed for her.’ “In the book of al- ‘Abbas it is said that she is freed from the share of her son and what is willed for her is given from the one-third of his legacy.”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad ibn ‘Uthaman who has narrated the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ’Giving charity or setting free a slave is not valid unless it is for the sake of Allah, most Majestic, most Glorious.”’
2. It is narrated from the narrator of the previous Hadith from his father from ibn abu ‘Umayr from Hisham and Hammad and ibn ’Udhaynah and ibn Bukayr and others all of whom have said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ’Giving charity or setting free a slave is not valid unless it is for the sake of Allah, most Majestic, most Glorious.’”
3. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad from al-Hassan ibn Mahbub from Ali ibn Ri’ab from Zurarah who has narrated the following: “Abu ’Abd Allah, ‘Alayhi al-Salam, has said, ‘Charity has emerged newly. In the time of the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, people would give gifts and presents. It is not proper for one who has given something to Allah, most Majestic, most Glorious, to take it back.’ He (the Imam) has said, ‘A gift or present, which is not given for the sake of Allah can be taken back, regardless of whether the recipient has taken possession or not. If a man gives a gift to his wife, he must not take it back; also if a wife gives something to her husband, regardless of whether he has taken possession or not. Allah, most Blessed, most High, has said, “Do not take anything that you have given to them (your wives).” (2:229) Allah has said, “If they give you out of their pleasure then you can use it in good health.” (4:4) This applies to mahr (dower) and gifts.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal Ahmad ibn al-Hassan ibn Bukayr Ahmad ibn al- Hassan ‘Ubayd ibn Zurarah who has narrated the following: “I once asked abu ’Abd Allah, ‘Alayhi al-Salam, about the case of a man who gives charity; if he can take it back. He (the Imam) said, ‘Charity is new. There were gifts and grants. One who provides a gift or a grant is able to take back the grant or gift, regardless of whether the recipient has taken it in his possession or not; but it is not proper to take back what one gives to Allah.’”
5. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who gives charity (which is not obligatory) to his small children; if he can take it back. He (the Imam) said, ‘No, because charity is for Allah, most Majestic, most Glorious.’”
6. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from abu al-Mighra’ from abu Basir who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about charity which is not distributed or possessed by the recipient. He (the Imam) said, ‘It is permissible (for the donor to use it); people had the intention to gift it but they made a mistake (in calling it a charity).”’
7. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from al-‘Ala’ ibn Razin from Muhammad ibn Muslim who has narrated the following: “This is about the case of a man who gives charity to his grown up (mature) children. They do not take possession until he dies. Abu Ja’far, ‘Alayhi al-Salam, has said, ‘It remains as part of the legacy; but if he gives it as charity to his small children, then it (giving such charity) is permissible; their father is the one who is their guardian (in matters of taking possession for them). 5 He (the Imam) said, ‘The charity given for the sake of Allah, most Majestic, most Glorious, cannot be taken back.’ He (the Imam) said, ‘Gifts and grants can be taken back if one wants to do so, regardless, possession by the recipient has taken place or not, unless the recipient is a relative, in which case it cannot be taken back.’”
8. Ali ibn Ibrahim has narrated from his father from ‘ Abd Allah ibn al-Mughirah from Mansur ibn Hazim who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If you give charity, then do not take it back or buy it back unless it comes back to you in the form of an inherited legacy.”’
9. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from ibn abu ‘Umayr from ‘Abd al-Rahman ibn al-Hajjaj who has narrated the following: “About the case of a man who gives something to his small children then he decides to make his other children share it with them, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is not harmful.’”
10. Through the same chain of narrators as that of the previous Hadith the following is narrated from ibn abu ‘Umayr from ‘Abd al- Rahman who has narrated the following: “This is about the case of a man who gives a slave-girl as charity to his small children. He then begins to like the slave-girl but the children are small as his dependents, if he can touch the slave-girl, or appraise her for a fair price, then make witnesses to bear testimony to his owing such price to his children, or he must stay away altogether. Abu al-Hassan, ‘Alayhi al-Salam, has said, ‘He can appraise her for a fair price and count it up on himself; then he can touch the slave-girl.’”
11. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil from abu ‘Abd Allah, ‘Alayhi al-Salam, and Hammad ibn ‘Uthaman from al-Halabiy who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If the gift still exists as it was given, it can be taken back, otherwise, one cannot do so.’”
12. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Safwan from al-‘Ala’ from Muhammad ibn Muslim who has narrated the following: “This is about the case of a man who has a slave-girl and his wife gives him trouble about her. Thus, he says, ‘She is charity for you.’ One of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al- Salam, has said, ‘If he has done so for the sake of Allah, most Majestic, most Glorious, he must comply with what he has said, but if he did not say it for the sake of Allah, he can reverse his decision.’”
13. Muhammad ibn Tsma‘il has narrated from al-Fadl ibn Shadhan from ibn abu ‘Umayr from Mu‘awiyah ibn ‘Ammar who has narrated the following: “I once asked abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man to whom another man owes a certain amount of dirham and he gives it as a gift to him (the indebted); if he can change his mind and take it back. He (the Imam) said, ‘No, he cannot do so.”’
14. A number of our people have narrated from Ahmad ibn abu ‘Abd Allah from ‘Uthman ibn ‘Isa from Sama‘ah who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who gives a certain amount of charity to his friend; if he can change his mind and take it back from him. He (the Imam) said, ‘No, he cannot do so but if he needs he can take from other assets of his friend which is other than what he had given as charity to him.’”
15. Al-Husayn ibn Muhammad has narrated from Mu‘alla’ ibn Muhammad from certain persons of our people from Aban ibn ‘Uthman from Muhammad ibn Muslim who has narrated the following: “About the case of a man who gives something in charity if he can inherit it, one of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘Yes, he can do so.’”
16. A number of our people have narrated from Ahmad ibn abu as from ‘Uthman ibn ‘Isa from Sama‘ah who has narrated the following: “I once asked him (the Imam), ‘Alayhi al-Salam, about the case of a man who gives a gift to his mother and she dies. She had taken the gift away from him in her possession. He (the Imam) said, ‘He and the other heirs are the same in dealing with that item.’”
17. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from Muhammad ibn Muslim from Mas‘ud (a certain musical instrument) al-Ta‘iy who has narrated the following: “I once said to abu al-Hassan, ‘Alayhi al-Salam, that my mother gave me the house that belonged to her - or he said her share in a house - and told me to register it in my name. I then wrote that I have bought it from her. She has sold it to me and has received the payment. When she died, the heirs asked me to take an oath that I have bought it and made the payment. If I take an oath, I can take it but if I do not take an oath, they will not give it to me. He (the Imam) said, ‘You can take an oath and take what you have assigned to yourself.’”
18. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Ali ibn Faddal from ibn Bukayr from al-Hakam ibn abu ‘Aqilah who has narrated the following: “My father gave a house as charity to me and I took possession thereof but thereafter other children were born to him and he wanted to take the house back from me to give it to them. I explained the story to abu ‘Abd Allah, ‘Alayhi al-Salam, who said, ‘Do not give it to him.’ I then said, ‘He will dispute it with me.’ He (the Imam) said, ‘You can become a defendant but do not raise your voice over his voice.’”
19. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ‘Abd Allah ibn Sinan who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If a gift-giver receives something in exchange, he then cannot take back what he has given as gift.’”
20. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah, from more than one person from Aban from abu Maryam who has narrated the foffowing: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘If one gives a charity it is permissible, regardless of whether the recipient takes possession or not, knows about it or does not know about it.’”
21. Aban has narrated from ‘ Abd af-Rahman ibn abu ‘ Abd Aliah from Humran who has narrated the foifowing: “I once asked him (the Imam), ‘Alayhi al-Salam, about al-Sukna ’ and al^Umra’ (permission to use a house for a certain period of time). He (the Imam) said, ‘People must stand by their conditions. If his condition is permission to use the house for his life time, it then is for his life time. If it is for the life time of those whom he leaves behind, then it is for their life time after which they must return it to the owner of the house.’”
22. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ’Isma’il from Muhammad ibn ai-Fudayi from abu af-Sabbah ai-Kinaniy who has narrated the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about al-Sukna ’ and al-‘Umra’ (permission to use a house for a certain period of time). He (the Imam) said, ‘If permission to use the house is given for his lifetime, then it must remain as the condition requires, if it is for his and the lifetime of those whom he leaves behind until they die, then they cannot sell it or inherit it, but they must return the house to its first owner.’”
23. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Safwan from Ya’qub ibn Shu’ayb who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who has a servant who serves him and he says, ‘She will serve so and so as long as he lives, and when he dies she will be free. The servant runs away five or six years before he dies; then his heirs find her; if they can make her to serve them for the remaining time. He (the Imam) said, ‘When the man dies she becomes free.’”
24. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from Ahmad ibn ‘Umar al-Halabiy from his father who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about a house which is not yet distributed and a certain one of the people of the house gives his share as charity. He (the Imam) said, ‘It is permissible.’ I then asked, ‘What happens if it is a grant?’ He (the Imam) said, ‘It is permissible.’ I then asked him (the Imam) about a man who allows another man to use his house for his lifetime. He (the Imam) said, ‘It is permissible but he cannot evict him.’ I then asked, ‘Can it be for him and those whom he leaves behind?’ He (the Imam) said, ‘It is permissible.’ I then asked about the case in which one gives permission to another person to use a house without the mention of time duration. He (the Imam) said, ‘He can ask him to leave if he wants him to vacate the house.’”
25. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Flammad from al-Halabiy who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who allows another man to use a house and those whom he will leave behind. He (the Imam) said, ‘It is permissible but they cannot sell or inherit it.’ I asked if a man could allow another man to use a house for his lifetime. He (the Imam) said, ‘It is permissible.’ I then asked what happens if a man allows another man to use a house without the mention of time. He (the Imam) said, ‘It is permissible but he can ask him to vacate if he wants.’”
26. Ahmad ibn Muhammad has narrated from al-‘Asemiy from Ali ibn al-Hassan from Ali ibn Asbat from Muhammad ibn Humran from Zurarah who has narrated the following: “About the case of a man who gives in charity what is owned in partnership, abu Ja’far, ‘Alayhi al- Salam, has said, ‘It is permissible.’”
27. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ‘Umar ibn ’Udhaynah who has narrated the following: “I was witness that ibn abu Layla’ judged in the case of a man who had designated the income of a house for his relative without the mention of time limit. The man died and his heirs came to ibn abu Layla’ and his relative for whom the house was designated. Ibn abu Layla’ said, ‘I see that it must be left as its owner has left.’ Muhammad ibn Muslim al-Thaqafiy then said, ‘Ali ibn Abu Talib, ‘Alayhim al-Salam, judged in the same Masjid opposite to what you have judged.’ He asked, ‘How do you know that?’ He replied, ‘I once heard abu Ja‘far, ‘Alayhi al-Salam, saying, “’Amir al-Mu’minin judged to return what is kept on hold and to execute the rules of inheritance.’” Ibn abu Layla’ then asked, ‘Is this written in a book with you?’ He replied, ‘Yes, it is in a book.’ He said, ‘Send to bring it.’ Muhammad ibn Muslim said, ‘I will do so upon the condition that you will not read anything else in the book besides this Hadith.’ He said, ‘That is up to you.’ He (the narrator) has said that he showed him the Hadith from abu Ja‘far, ‘Alayhi al-Salam, in the book and he took his judgment back.’”
28. A number of our people have narrated from Ahmad ibn abu ‘Abd Allah from his father from ‘Abd Allah ibn al-Mughirah from ‘Abd al-Rahman al-Khath‘amiy who has narrated the following: “About an issue of a legacy for distribution I once faced differences with ibn abu Layla’. In that legacy, there was an item on hold and he opposed me. When it prolonged I complained before abu ‘Abd Allah, ‘Alayhi al-Salam, and he said, ‘Did he not know that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, commanded to return items on hold and execute the rules of inheritance?’ I went to him and he did as before. I said, ‘I have complained before Ja‘far ibn Muhammad, ‘Alayhim al-Salam, and he said so and so on the issue.’ Ibn abu Layla asked me to take oath that he (the Imam) has said so. I took the oath; then he judged accordingly.’”
29. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad from and Ali ibn Ibrahim has narrated from his father all from al-Hassan ibn Mahbub from Ali ibn Ri’ab from Ja‘far ibn Hayyan who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who endowed an asset that belonged to him for his relatives from his father’s side as well as for those from his mother’s side. He assigned from the same asset three hundred dirham every year in his will for a man and his heirs with whom he had no relationship and that the rest must be distributed between the two relatives from the side of each of his parents. He (the Imam) said, ‘It is permissible for the ones in whose favor the will is made.’ I then asked, ‘What happens if the income is not more than five hundred?’ He (the Imam) said, ‘Is it not the case that three hundred must be given and the remaining is distributed between the two relatives?’ I replied, ‘Yes, that is the case.’ He (the Imam) said, ‘The relatives cannot take anything from the income until the three hundred is paid and thereafter they can distribute between themselves whatever is left.’ I then asked, ‘What happens if the one in whose favor the will is for three hundred dies?’ He (the Imam) said, ‘If he dies the three hundred goes to his heirs if there are any heirs left, otherwise, the three hundred goes to the relatives of the deceased which will be taken from the endowment and will be distributed among them as they exist as well as the income.’ I then asked, ‘Can the relatives of the deceased sell the land when they need it if the income thereof is not enough?’ He (the Imam) said, ‘Yes, they can do so if they all agree and the sale is in their benefit.’”
30. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa and A number of our people have narrated from Sahl ibn Ziyad all from Ali ibn Mahziyar from who has narrated the following: “I once wrote to abu Ja‘far ‘Alayhi al-Salam, that so and so has bought a certain asset. He has made it an endowment of which one-fifth is designated for you. He seeks your opinion about selling your share of the land, or appraising and counting its price on himself for which he has bought or keep it as an endowment. He (the Imam), ‘Alayhi al-Salam, wrote the answer that said, ‘Inform so and so that I command him to sell my share and send the proceeds to me, which is my opinion, by the will of Allah; or appraise it on his own account, if that is more suitable for him.’ I wrote to him (the Imam) that so and so has mentioned that among other beneficiaries of this endowment there are serious difference which may even increase further afterwards; if he (the Imam) considers it proper to sell the endowment and give everyone of the beneficiaries his share if he (the Imam) so commands. He (the Imam) then wrote in his own handwriting to me, ‘Inform him about my opinion that if he thinks the selling of the endowment is better because of the differences of the beneficiaries he can do so; differences can sometimes lead to destruction of properties and lives.’”
31. Ali ibn Mahziyar has said: “I asked him (the Imam), ‘Alayhi al-Salam, that certain ones of your Mawali (friends or slaves) have narrated from your ancestors the following. ‘All endowments for a known period of time are binding upon the heirs, and all endowments for an unknown period of time are unknown, confusing and invalid that must be returned to the heirs. You know best the words of your ancestors.’ He (the Imam), ‘Alayhi al-Salam, wrote the answer that said, ‘It, with me, is as such.’” (Apparently he (the Imam) left it unexplained.)
32. ‘Abd al-Rahman ibn Muhammad al-Hamadaniy wrote to him (the Imam), ‘Alayhi al-Salam, the following: “‘A deceased person has made a will which says that to so and so man an amount must be given continuously of what is left of the one-third of his legacy but has not said to complete the one-third. Is it necessary for the executor of the will to make the one-third an endowment to continue executing the will?’ He (the Imam), ‘Alayhi al-Salam, wrote, ‘The one-third must be spent and it must not be made an endowment.’”
33. Muhammad ibn Ja‘far al-Raziy has narrated from Muhammad ibn ‘Isa from Ali ibn Sulayman who has narrated the following: “I once wrote to him (the Imam), abu al-Hassan, ‘Alayhi al-Salam, saying, ‘I pray to Allah to keep my soul in service for your cause, I do not have any children and I have assets that I inherited from my father and myself earned a certain amount, but I do not feel safe from something happening. If something happens to me and I have no children, what do you think I must do, I pray to Allah to keep my soul in service for your cause? Can I make a certain amount of it an endowment for the needy, of the oppressed brothers (in belief) or sell it and spend upon them in my lifetime? I fear that endowment may not be managed properly after I die and if I make an endowment for my own survival will I be able to eat thereof?’ He (the Imam), ‘Alayhi al-Salam, wrote, ‘I understood your letter in the matter of your assets. You cannot eat from charity (endowment), if so the law of endowment is not followed just as if you had heirs. You can sell and give as charity a certain amount of the proceeds in your lifetime. If you give as charity you can keep for yourself for your sustenance just as ’Amir al-Mu’minin had done.’”
34. Muhammad ibn Yahya has narrated the following: “Certain persons of our people had written to abu Muhammad, ‘Alayhi al-Salam, about endowment and what is narrated about it. He (the Imam), ‘Alayhi al-Salam, signed the answer that said, ‘An endowment is according to what people making the endowment do (condition they set), by the will of Allah.”’
35. Muhammad ibn Ja‘far al-Raziy has narrated from Muhammad ibn ‘Isa from abu Ali ibn Rashid who has narrated the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, saying, ‘I pray to Allah to keep my soul in service for your cause, I have bought a land near by my assets for two thousand dirham. When I made payment, I was informed that the land is an endowment.’ He (the Imam) said, ‘Buying an endowment is not permissible. You must not include its income in your assets. Give it back to its beneficiaries.’ I then said, ‘I do not know the beneficiaries.’ He (the Imam) said, ‘Give its income in charity.’”
36. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar all from Safwan ibn Yahya who has narrated the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about the case of a man who makes a piece of his property an endowment, then decides to change it. He (the Imam) said, ‘If he has made it an endowment for his children and others and then appoints a supervisor for it, he cannot change it. If they are small and he has set a condition that the supervision will rest with them until they mature and so he has taken possession for them in this case also he cannot change it. If they are mature but he has not given it to them and they do not dispute with him until they take possession from him, then he can change it because they have not taken possession from him while they are mature.’”
37. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Musa ibn Ja‘far from Ali ibn Muhammad ibn Sulayman al- Nawfaliy who has narrated the following: “I once wrote to abu Ja‘far, al-Thaniy, ‘Alayhi al-Salam, and asked about a land that my grandfather had made an endowment for the needy children of so and so who are of a large number in different places. He (the Imam), ‘Alayhi al-Salam, said, ‘You have mentioned the land that your grandfather had made an endowment for the needy children of so and so. It is for those of them who are in the area (town) in which the endowment exists and you do not have to search for everyone who is absent.’”
38. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from al-Husayn ibn al-Nu’aym who has narrated the following: “I once asked abu al-Hassan, Musa, ‘Alayhi al-Salam, about the case of a man who has given a house to a man to live in for his lifetime, or it is for him and those whom he leaves behind, as the condition may be. I then said, ‘If needed can he then sell it?’ He (the Imam) said, ‘Yes, he can do so.’ I then asked, ‘Does such a sale cancel its being given to the man for his living a lifetime?’ He (the Imam) said, ‘The sale does not cancel its being given to one for living therein a lifetime. That is how I heard my father, ‘Alayhi al-Salam, say that abu Ja‘far, ‘Alayhi al-Salam, has said, “Selling does not cancel tenancy and rentals or being given to live a lifetime therein according to the condition and rent.’” I then asked, ’What happens if the tenant asks for his expenses, building and maintenance for what he has rented?’ He (the Imam) said, ‘If it is with mutual agreements then it is not harmful.’”
39. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from Khalid ibn Rafi’ al-Bajaliy who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who has given a house to a man to live for the lifetime of the occupant of the house. When the owner dies, the heirs ask the occupant to leave the house; if they can do so. He (the Imam) said, ‘I see that the house must be appraised for a fair price as well as the one-third of the legacy of the deceased. If the one-third covers the price of the house, the heirs cannot ask the occupant to leave the house; but if the one-third of the legacy did not cover the price of the house, then they can ask him to leave.’ It then was asked from him (the Imam), ‘What happens if the man who had permission to live in the house for his lifetime dies after the death of the owner of the house; if those whom he has left behind can live in that house. He (the Imam) said, ‘No, they cannot live in that house.’”
40. Al-Husayn ibn Muhammad has narrated from Mu‘alla’ ibn Muhammad from certain persons of his people from Aban from ‘Ajalan abu Salih who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, dictated to me the following:
41. Aban has narrated from abu al-Jarud who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘A man cannot buy what he has given as charity. If he gives as charity a house to a relative then if he likes he can live with them. If he gives in charity a servant to a relative he can serve him by the will of Allah.’”
1. Ali ibn Ibrahim has narrated from his father from and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from ibn Mahbub from ‘ Abd Allah ibn Sinan from ‘ Abd al- Rahman ibn Sayabah who has narrated the following: “A woman made a will to me that said, ‘With one-third of my legacy my debts must be paid and part of it will be for so and so female.’ I then asked ibn abu Layla’ about it and he said, ‘There is nothing for her because I do not know how much is al-Juz’ (a part).’ I then asked abu ‘Abd Allah, ‘Alayhi al- Salam, about it afterwards and informed him (the Imam) how she had said it and what ibn abu Layla’ had said. He (the Imam) said, ‘Ibn abu Layla’ has spoken falsely. She can have one-tenth of the one- third because Allah, most Majestic, most Glorious, said to Ibrahim ‘Alayhi al-Salam, “Place Juza’ (a part) of it on every mountain” (2:260) the mountains at that time were ten, thus al-Juz’ is one-tenth of something.’”
2. Ali ibn Ibrahim has narrated from his father from and A number of our people have narrated from Ahmad ibn Muhammad all from ibn Faddal from Th’alabah’ ibn Maymun from Mu‘awiyah ibn ‘Ammar who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who made a will about a part of his legacy. He (the Imam) said, ‘Apart is one-tenth because Allah, most Majestic, most Glorious, has said, ‘Place a part on every mountain’ the mountains were ten.’”
Muwaththaq, like Sahih· al-Majlisi
Sunni collections: text from the open hadith-api dataset. Al-Kafi: Arabic text, Muhammad Sarwar's translation and gradings from Thaqalayn.net via the Thaqalayn API. Hadith numbering follows those editions and can differ from a printed copy — check the Arabic against a trusted edition before relying on a reference.
