Ceci est la partie 2 sur 5 de « The Book of Wills », livre 28 de Al-Kafi — Hadith 12 803–12 852. Le livre est suffisamment long pour être divisé en 5 pages afin que chacune se charge rapidement ; les parties se suivent dans l'ordre et sont liées au bas de la page.
2. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Ali ibn al-Hakam from m al-‘Ala’ ibn Razin from Muhammad ibn Muslim who has narrated the following: “This is about the case of a man who has made a will to spend his asset in the way of Allah. One of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘You must give it to the designated beneficiary even if he is a Christian or a Jew; Allah, most Blessed, most High, says, “Whoever intentionally changes the will of a deceased person, he has committed a sin. Allah is All- hearing and All-knowing.” (2:181)’”
3. A number of our people have narrated from Sahl ibn Ziyad from Ali ibn Mahziyar from who has narrated the following: “Abu Ja‘far, Alayhi al-Salam, wrote to Ja‘far and Musa, this instruction. ‘In the matter of my commanding you to appoint witnesses to so and so issues; it is because it is for your safety and protection in the next world in matters of executing the will, as it requires, that your parents have made to you and your being kind to your parents. You must remain prudent. You must not change their will and alter it from its original condition because they are no more. May Allah be happy with them. It, however, has remained on your shoulder. Allah, most Blessed, most High, has said in His book, “Whoever intentionally changes the will of a deceased person, he has committed a sin. Allah is All-hearing and All-knowing.” (2:181)’”
4. A number of our people have narrated from Sahl ibn Ziyad from Muhammad ibn al-Walid from Yunus ibn Ya’qub who has narrated the following: “A man of Hamadan has said that his father died but he did not know this fact (the Divine Authority of A’immah). He made a will when he was about to die to give something in the way of Allah. He (the man from Hamadan) asked abu ‘Abd Allah, Alayhi al-Salam, about it and that he did not know this fact (the Divine Authority of A’immah). He (the Imam) said, ‘If the man had appointed me to execute his will to give to a Jews or Christians, I would have given it to them because Allah, most Majestic, most Glorious, says, “Whoever intentionally changes the will of a deceased person, he has committed a sin. Allah is All-hearing and All-knowing.” (2:181) You must see who serves as guards and defenders of the borders; and give it to them.’”
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Isa from Muhammad ibn Sulayman from al- Husayn ibn ‘Umar who has narrated the following: “I once asked abu ‘Abd Allah, Alayhi al-Salam, about the case of a man who has made a will to spend in the way of Allah. He (the Imam) said to me to spend it for al-Haj j . I said that he has said to spend it in the way of Allah. He (the Imam) said, ‘Spend for al-Hajj because I do not see anything in His way better than al-Hajj.”’
1. A number of our people have narrated from Ahmad ibn Muhammad ibn ‘Isa from Ali ibn al-Hakam from al-Hajjaj ibn al-Khashshab who has narrated the following: “I once asked abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a woman who made a will to spend in the way of Allah. She was asked if it could be spent for al-Hajj. She said, ’Spend it in the way of Allah.’ They asked, ‘Can we give to the family of Muhammad, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause ?’ She said, ‘Spend it in the way of Allah.’ Abu ‘Abd Allah, Alayhi al-Salam, then said, ‘Spend in the way of Allah as you are required.’ I then said, ‘Command me how to spend it.’ He (the Imam) said, ‘Spend it as she has commanded you. Allah, most Blessed, most High, has said, “Whoever intentionally changes the will of a deceased person, he has committed a sin. Allah is All-hearing and All-knowing.” (2:181) You must consider if she had asked you to give it to a Jew, would you give it to a Christian?’ He (the narrator) has said. ‘I waited thereafter for three years; then I visited him (the Imam) and asked as I had asked him before. He (the Imam) remained quiet for a while, then said, ‘Send it.’ I then asked, ‘To who must I send it?’ He (the Imam) said, ‘Give it to ‘Isa Shalqan.’”
2. Muhammad ibn Ja‘far al-Raziy has narrated from Muhammad ibn ‘Isa and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa ibn ‘Ubayd from al-Hassan ibn Rashid who has narrated the following: “I once asked al-‘Askariy, Alayhi al-Salam, in al-Madinah about the case of a man who has made a will to spend in the way of Allah. He (the Imam) said, ‘In the way of Allah is our Shi ’ah (followers).”’
1. Ali ibn Ibrahim has narrated from his father from abu Talib ‘ Abd Allah ibn al-Salt who has narrated the following: “Once, Khalil ibn Hashim wrote to Dhi al-Riyasatayn who was the governor of Nisabur and asked that a Zoroastrian man has died and has made a will about a certain amount from his assets for the poor. The judge of Nisabur took the amount and gave it to the poor Muslims. Dhu al-Riyasatayn asked Ma’mun about it. Ma’mun who did not have any answer for it asked abu al-Hassan, ‘Alayhi al-Salam, about it and abu al-Hassan, ‘Alayhi al-Salam, said, ‘A Zoroastrian man does not make a will for the poor Muslims. It is proper to take that amount from the treasury of charity and return it to the poor Zoroastrians.’”
2. Ali ibn Ibrahim has narrated from his father from al-Rayyan ibn Shabib who has narrated the following: “Maridah made a will for the Christians who worked as maintenance people. Our people said to spend it on the poor believers of your people. I then asked al-Rida’, ‘Alayhi al-Salam, that my sister has made a will for Christian persons and I wanted to spend it for our Muslim people. He (the Imam) said, ‘You must execute the will as you are required. Allah, most Blessed, most High, has said, “Whoever intentionally changes the will of a deceased person, he has committed a sin. Allah is All-hearing and All-knowing.” (2:181)”’
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Ali ibn al-Nu’man from Muhammad ibn Muslim who has narrated the following: “About the case of a man who makes a will about more than one-third of his legacy, or setting free a slave during his illness, abu Ja‘far, ‘Alayhi al-Salam, has said, ‘If it is more than one-third it is returned to one-third and setting free of slave is permissible/”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from al-Qasim ibn Muhammad from Ali ibn abu Hamzah from abu Basir who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If a man when about to die sets free a servant, then makes another will, the will is dropped and the servant is set free from the one-third of his legacy except if the will exceeds one-third of the legacy.”’
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ’Isma‘il ibn Hammam who has narrated the following: “This about the case of a man who makes a will when about to die, for relatives and setting free of a slave but the total exceeds one-third of the legacy and about how to deal with it. Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘First it is executed about setting free of the slave then about the rest.’”
4. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Hakam from al-‘Ala’ ibn Razin from Muhammad ibn Muslim who has narrated the following: “About the case of a man who when about to die sets free his slave and makes a will but the total is more than one-third of his legacy, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is executed about the setting free of the slave and the deficit falls on the rest of the will.’”
5. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Muhammad ibn ’Isma‘il from Ali al-Nu’man from Suwayd al-Qala’ from abu Ayyub ibn al-Jumhur from abu Bakr al-Hadramiy who has narrated the following: “I once said to abu ‘Abd Allah, ‘Alayhi al-Salam, ‘’Alqamah ibn Muhammad has made a will that I must set free a slave for him, and I set free for him a woman: if this is sufficient or must I set free for him from my own property.’ He (the Imam) said, ‘It is sufficient.’ He (the Imam) then said to me, ‘Fatimah, mother of my son, made a will that I set free for her a slave and I set free for her a woman.’”
6. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad ibn ‘Uthaman from al-Halabiy who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘A man once asked me about a woman who died without performing al-Hajj but made a will about an amount which is sufficient for al-Hajj. He asked if it is better to spend it on the needy people from the descendents of Fatimah, ‘Alayha al-Salam, it will be done so; if performing al-Hajj is better al-Hajj would be performed for her. I said to him that if al-Hajj was obligatory on her, spending it for al-Hajj is more beloved to me than distributing on other things.’”
7. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from all ibn abu ‘Umayr from Mu‘awiyah ibn ‘Ammar who has narrated the following: “This is about the case of a man who dies but makes a will to perform al-Hajj for him. He (the Imam), ‘Alayhi al-Salam, has said, ‘If it is his first al-Hajj then al-Hajj is performed from the center of the legacy, but if it is not his first al-Hajj then it is paid for from the one-third of his legacy.’”
8. It is narrated from the narrator of the previous Hadith from Mu‘awiyah ibn ‘Ammar who has narrated the following: “About the case of a woman who makes a will to set free a slave, pay charity and al-Hajj but there is not enough, he (the Imam), ‘Alayhi al-Salam, said that first is al-Hajj because it is obligatory and if anything remains extra then spend something on charity and something for setting free a slave.’”
9. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Ali ibn abu Hamzah who has narrated the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about the case of a man who has made a will about thirty dinars to set free a man from our people but it cannot be done with that much. (The Imam) said, ‘A slave then must be bought from other people for this purpose.’”
10. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from al-Husayn ibn Sa‘id from al-Qasim ibn Muhammad from Ali ibn abu Hamzah who has narrated the following: “I once asked the virtuous servant of Allah, ‘Alayhi al-Salam, about the case of a man who has made a will about thirty dinar to set free a Muslim slave but it cannot be done with that amount. He (the Imam) said, ‘They must then buy from the rest of the people as long as he is not hostile to ‘A’immah, ‘Alayhi al-Salam.’”
11. Al-Husayn ibn Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali al-Washsha’ from Aban from Muhammad ibn Marwan who has narrated the following: “The Shaykh, ‘Alayhi al-Salam, has said that abu Ja‘far, ‘Alayhi al-Salam, died and left sixty slaves of whom he set free one-third and I determined such slaves by raffle and took the one-third away.’”
12. A number of our people have narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from al-Qasim ibn Muhammad and Ali ibn abu Hamzah from abu Basir who has narrated the following: “I once asked abu Ja’far, ‘Alayhi al-Salam, about a slave-girl who was set free by my brother who served with slave-girls and was in his dependents. He made a will to spend for her from the center of the legacy. He (the Imam) said, ‘If she was with the slave-girls and managed them, then you must spend for her and execute the will.’”
13. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from ibn Mahbub from abu Ayyub from Sama‘ah who has narrated the following: “I once asked abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man who made a will to set free a slave for five hundred dirham from the one-third of his legacy. A slave was bought for less than five hundred dirham and something remained extra. What do you say about it? He (the Imam) said, ‘Give the extra to the slave before setting him free, then set him free for the deceased.’”
14. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Mu‘awiyah ibn ‘Ammar who has narrated the following: “A woman of our family made a will about one-third of her legacy and asked to set free a slave, perform al-Hajj and give charity; but the one-third was not sufficient. I asked abu Hanifah about it and he said, ’Make it in three equal parts and spend one part for each cause/ I then visited abu ‘ Abd Allah, ‘Alayhi al-Salam, and said that a woman from our family has died and made a will about one-third of her legacy and has asked to set free a slave, perform al-Hajj and pay charity. I checked it but it is not sufficient. He (the Imam) said, ’You must begin with al-Hajj because it is obligatory of the obligation to Allah, most Majestic, most Glorious, and make the remaining into two parts: one for setting free a slave and one for charity.’ I then informed abu Hanifah about the words of abu ‘Abd Allah, ‘Alayhi al- Salam. He changed his fatwa and accepted the words of abu ‘Abd Allah, ‘Alayhi al-Salam.”
15. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from ibn Mahbub from abu Jamilah from Humran who has narrated the following: “About the case of a man who at the time of his death makes a will to set free a slave so and so and so and so. I looked into the one-third of his legacy and found that it is not even equal to one-eighth of the five slaves whom he had mentioned, he (the Imam), ‘Alayhi al-Salam, said, ‘You must evaluate the slaves and begin setting free one, two, three, four and five. The slave (or slaves) whom he mentioned last cannot be freed if the one-third is not sufficient for his (or their) cost.’”
16. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from Dawud ibn abu Yazid who has narrated the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about the case of a man who on a journey was with a slave-girl and two slaves. He said to them, ‘You are free for the sake of Allah and bear witness that the child in the womb of the slave-girl is from me. She gave birth to a son. When they came back, the heir refused the will and kept them as slaves. The two slaves were later set free and they testified that their previous master had asked them to bear witness that the child in the womb of the slave-girl was his child. He (the Imam) said, ‘Their testimony is acceptable and the child about whom they testified cannot make them slaves because they proved his genealogical relation.’”
17. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from Ahmad ibn Muhammad from ibn abu Nasr from Ahmad ibn Ziyad who has narrated the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about the case of a man who is about to die and sets free all of his slaves. He owns certain slaves and certain others with a partner and about the condition of the ones that he owns with a partner. He (the Imam) said, ‘His slaves of the partnership must be evaluated; if his share covers them, they are all free.’”
18. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from al-Nadr ibn Shu’ayb al-Mharibiy who has narrated the following: “This is about the case of a man who dies and leaves as his legacy a slave-girl whose one-third he sets free and the executor of the will marries her before the distribution of the legacy. Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘She is appraised, then with her husband both are made to work to pay for the remaining of her cost after being appraised. Thereafter, whatever of her becomes free or remains in slavery applies to her child also.’”
1. Ali ibn Ibrahim has narrated from his father from his people who have said the following: “He (the Imam), ‘Alayhi al-Salam, has said that Allah, most Majestic, most Glorious, has given permission to the executor of the will to change a will into an acceptable form if any violation of the law exists in it. It is because of the meaning of the words of Allah, most Majestic, most Glorious. ‘One who is afraid of the testator’s deviations and sin and settles the matter among the parties involved, he has not committed a sin. Allah is All-forgiving and All-merciful. 5 ” (2:182)
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad al-Hassan ibn Mahbub from abu Ayyub from Muhammad ibn Sawqah who has narrated the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the meaning of the words of Allah, most Majestic, most Glorious, ‘Whoever intentionally changes the will of a deceased person, has committed a sin. Allah is All-hearing and All-knowing. 5 (2:181) He (the Imam) said, ‘The following verse is a (modified) copy of this verse: ‘One who is afraid of the testator’s deviations and sin and settles the matter among the parties involved, he has not committed a sin. Allah is All-forgiving and All- merciful. 5 (2:182) If the executor fears for the testator’s deviation from the law in his will, then it is not a sin for the executor to bring it in conformity with the truth according to the happiness of Allah and following the path of virtue. 555
1. Ali ibn Ibrahim has narrated from his father and Humayd ibn Ziyad has narrated from bud Allah ibn Ahmad all from ibn abu ‘Umayr from Zayd al-Narsiy from Ali ibn Farqad Sahib al-Sabiriy who has narrated the following: “A man made a will and asked me to pay for al-Hajj from his legacy, but when I examined his legacy it was not sufficient. I then asked abu Hanifah and the jurists of al-Kufah. They said that I must give as charity on his behalf. When I performed al-Hajj, I met ‘Abd Allah ibn al-Hassan during tawaf. I asked him, saying, ‘A man of your followers of the people of al-Kufah has died and has made a will in which he has asked me to perform al-Hajj for him from his legacy, but when I examined his legacy, it is not sufficient for al-Hajj and I asked the jurist in our area. They said that I must pay charity for him and I did so. What do you say about it?’ He said, ‘This is Ja‘far ibn Muhammad in al-Hijr. Go and ask him.’ I went in al-Hijr and found abu ‘Abd Allah, ‘Alayhi al-Salam, under al-Mizab facing the house and praying. He (the Imam) turned to me, saw me and asked, ‘What do you need?’ I then said, ‘I pray to Allah to keep my soul in service for your cause, I am a man from al-Kufah of your friends.’ He (the Imam) said, ‘Leave it. What do you need?’ I then said, ‘A man has died and has made a will that al- Hajj must be performed from his legacy. I examined it and it is not sufficient for al-Hajj. I then asked the jurists about it in our area. They said that I must pay charity on his behalf.’ He (the Imam) said, ‘What did you do with it?’ I replied, ‘I gave it in charity.’ He (the Imam) said, ‘You are responsible, unless it was not sufficient even for performing al-Hajj from Makkah, but if it was sufficient for performing al-Hajj from Makkah, then you are responsible.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Sinan from ibn Muskan from abu Sa‘id who has narrated the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about the case of a man who made a will for al- Hajj but the executor of his will spent it to set free an enslaved soul. He (the Imam) said, ‘The executor of the will is responsible to pay for his al-Hajj as the will required. Allah, most Blessed, most High, has said, ‘Whoever intentionally changes the will of a deceased person, he has committed a sin. Allah is All-hearing and All-knowing.’ (2:181)”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from Muhammad ibn Marid who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who made a will to set free a slave for six hundred dirham but the executor of his will gave six hundred dirham to perform al-Hajj for the deceased. He (the Imam) said, ‘As I see the executor of the will must pay six hundred dirham from his own assets to set free a slave for the deceased.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil from Zurarah who has narrated the following: “One of the two Imam, (abu Ja‘far or abu ‘ Abd Allah), ‘Alayhim al-Salam, has said, ‘Al-Mudabbar is from one-third of the legacy.’”
2. It is narrated from the narrator of the previous Hadith from his father Ahmad ibn Muhammad from Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from all from ibn abu ‘Umayr from Hisham ibn al-Hakam who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who makes his slave a Mudabbar; if he can change such decision. He (the Imam) said, ‘Yes, he can do so because it is like the will.’”
3. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Ali ibn al-Hakam from al-‘Ala’ ibn Razin from Muhammad ibn Muslim who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that al-Mudabbar is from one-third of the legacy.’ He (the Imam) said, ‘One can change his will about one-third of his legacy regardless of whether one is ill or in good health.’”
4. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from all from ibn abu ‘Umayr from Mu‘awiyah ibn ‘Ammar who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about al-Mudabbar. He (the Imam) said, ‘It is like will which one can change in whatever way one likes.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from ‘ Abd Allah ibn Sinan who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The shroud is paid for from the whole of the legacy.”’
2. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ‘Abd Allah from ibn Mahbub from Ali ibn Ri’ab from Mu’ash from Zurarah who has narrated the following: “I once asked him (the Imam), ‘Alayhi al-Salam, about the case of a man who dies owing a debt which is equal to the cost of his shroud. He (the Imam) said, ‘His legacy must be spent to pay for his shroud unless people may come forward to use his legacy in business and pay for his shroud and debts.’”
3. Ali ibn Ibrahim has narrated from his father from al-Nawfaliy from al-Sakuniy who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The first thing to pay for from the legacy is shroud, then debts, then will, then the shares of heirs.’”
1. Ali ibn Ibrahim has narrated from his father and A number of our people have narrated from Sahl ibn Ziyad all from ibn abu Najran ‘Asem ibn Humayd from Muhammad ibn Qays who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said that ’ Amir al-Mu’minin has said, ‘A debt must be paid before the will, then the will is paid for. Thereafter are the shares of the heirs after the will, because the first judge in the case is the book of Allah, most Majestic, most Glorious.’”
2. Al-Husayn ibn Muhammad has narrated from Mu‘alla’ ibn Muhammad from certain persons of his people from Aban ibn ‘Uthman from a man who has narrated the following: “I once asked abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man who makes a will and he is indebted. He (the Imam) said, ‘He (executor of the will) pays the debts first, then distributes the legacy among the heirs.’ I then asked, ‘What happens if what is assigned to pay debts is stolen and about who pays for the debt if it is deducted from the shares of the heirs?’ He (the Imam) said, ‘The heirs are not responsible for it but the executor of the will is responsible.’”
3. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from all from ibn abu ‘Umayr from Jamil ibn Darraj from Zakariya ibn Yahya al-Shu‘ayriy from al-Hakam ibn ‘Utaybah who has narrated the following: “Once we were with abu Ja‘far, ‘Alayhi al-Salam. We were in a group waiting for him (the Imam) to come out. A woman came and asked, ‘Which one of you is abu Ja‘far?’ The people asked, ‘What for are you asking for him?’ She replied, ‘I want to ask him about an issue.’ They said, ‘This is the jurist of the people of Iraq. You can ask him your question.’ She said, ‘My husband has died and has left one thousand dirham as legacy. He owed me five hundred dirham as my mahr (dower) and my share of inheritance which I took from the legacy; but then a man came and said my husband owed him one thousand dirham and I testified in his favor.’ Al-Hakam has said, ‘I was counting it that abu Ja‘far, ‘Alayhi al-Salam, came out and said, “Why is it that I see you move your fingers, O Hakam?” I replied, “This woman has mentioned that her husband has died. He has left one thousand dirham as legacy. He owed to her five hundred dirham as her dower. She took her dower and the share of her inheritance, but then a man came and said that her husband owed him one thousand dirham and she testified in his favor.’” Hakam has said, ‘By Allah I had not completed my words that he (the Imam) said, “She has confessed to give back one-third of what she has in her hand and she does not have anything as her share of inheritance.’” Hakam has said, ‘I had never seen, by Allah, anyone more intelligent than abu Ja‘far, ‘Alayhi al-Salam.”’
4. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil from certain persons of our people who has narrated the following: “This is about the case of a man who sells something to a man and the buyer takes possession of the goods but does not pay for it. Then the buyer dies and the goods exist as they were. Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If the goods exist as they were, they must be returned to its owner and other creditors do not have any right to dispute him.’”
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Mahbub from ‘Abd Allah ibn Sinan who has narrated the following: “About the case of a man who dies with debts on him and a guarantor takes responsibility to pay the creditors, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If the creditors agree, the deceased becomes free from responsibility.”’
6. Abu Ali a l-Ash ‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from Yahya al-Azraq who has narrated the following: “About the case of a man who is killed and who owed debs, but has not left any legacy but his heirs received blood money (wergild) from his killer; if they must pay his debts, abu al-Hassan, ‘Alayhi al- Salam, has said, ‘Yes, they must pay his debts.’ I then said, ‘He has not left any legacy.’ He (the Imam) said, ‘It is because they have received blood money, thus, they must pay his debts.’”
7. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from al-Hassan ibn al-Jahm who has narrated the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about the case of a man who dies and I owe him a certain amount of money. He has left behind children, male, female, and smaller children. One of them once came to me and said, ‘You are free of the responsibility of what you owed to my father as much as my share is concerned and you are also free about the shares of my brothers and sister. I take the responsibility to obtain their agreement in your favor. He (the Imam) said, ‘You are relieved and you are free of responsibility.’ I then asked, ‘What happens if he did not give them?’ He (the Imam) said, ‘It is his responsibility.’ I then asked, ‘What happens if the heirs come to me and ask for payment of their rights?’ He (the Imam) said, ‘According to the way the case appears they can do so but between you and Allah, most Majestic, most Glorious, you are free from all responsibility toward them, when the man who has taken upon himself to obtain their agreement to what he has done, and he carries the responsibility for you.’ I then asked if a mother can take such responsibility for her child.’ He (the Imam) said, ‘Yes, it can happen if she has something with which she can make him agree.’ I then asked, ‘What happens if she does not have anything? He (the Imam) said, ‘It then is negative.’ I then said, ‘I have heard you saying that her waving is permissible.’ He (the Imam) said, ‘What I meant thereby is that if she has assets.’ I then asked, ‘Can a father take such responsibility for his son?’ He (the Imam) said to him, ‘We had no difficulty with abu al-Hassan, ‘Alayhi al-Salam. He (the Imam) would do whatever he wanted.’ I then said, ‘The man has taken the responsibility for me about the right of the child and about his share. Am I free from responsibility if the man dies before the child becomes mature and he does not owe anything?’ He (the Imam) said, ‘It is permissible according to the condition he has undertaken for you.’”
1. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from and Abu Ali al- Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan and ibn abu ‘Umayr from ‘Abd al-Rahman ibn al-Hajjaj who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, once asked me, ‘Is there a difference between ibn abu Layla’ and ibn Shubramah?’ I replied, ‘It has come to my knowledge that a Maxvla of ‘Isa ibn Musa died with a great deal of debts on him. He possessed a number of slaves whom he set free at the time of his death. Had the slaves been sold, such a sale could pay all of his debts. ‘Isa ibn Musa asked them (ibn abu Layla’ and ibn Shubramah) about this case. Ibn Shubramah said, “In my opinion they must be made to work to pay their own price because they were freed at the time of his death.” Ibn abu Layla’ said, “In my opinion I sell them to pay the creditors because he did not have the right to free them at the time of his death with debts on him; the value of slaves could have covered his debts. These are people of al-Hijaz today. A man indebted greatly is not allowed to free his slaves at the time of his death.” Ibn Shubramah then raised his hands to the sky and said, “Allah is free of all defects, O ibn abu Layla’ when did you ever say so? You only say so in my opposition.’” Abu ‘Abd Allah, ‘Alayhi al-Salam, then asked, ‘Whose opinion was taken as the rule?’ He (the narrator) has said that I said, ‘It has come to my knowledge that it was the opinion of ibn abu Layla’. He liked it. He sold them and paid his debts.’ He (the Imam) asked, ‘With which one’s opinion do you side?’ I said, ‘It is with ibn Shubramah and ibn abu Layla’ later changed and accepted that of ibn Shubramah.’ He (the Imam) said, ‘By Allah, truth is with what ibn abu Layla’ said, even though he changed it later.’ I (the narrator) then said, ‘This becomes invalid according to their al-Qiyas (analogy).’ He (the Imam) said, ‘Allow us to examine their analogy. Give us an example.’ I then said, ‘I debate you according to analogy.’ He (the Imam) said, ‘You must present the strongest example of analogy.’ I then said, ‘There is a man who dies and leaves a slave and no other assets. The value of the slave is six hundred dirham and his debt is five hundred dirham. He sets him free at the time of his death. How is the case settled?’ He (the Imam) said, ‘The slave must be sold. The creditors take five hundred and the heirs take the one hundred dirham.’ I said, ‘Is it not the case that one hundred is left extra over the debts?’ He (the Imam) said, ‘Yes, that is the case.’ ‘Is it not the case that one-third of it belongs to the deceased with which he can do whatever he wants?’ He (the Imam) said, ‘Yes, that is the case.’ I then said, ‘Is it not the case that at least one-third of the remaining one hundred belongs to the slave when he set him free?’ He (the Imam) said, ‘There is no will for the slave. The slave’s assets belong to his guardians (heirs).’ I then said, ‘What happens if the value of the slave is six hundred and the debt is four hundred dirham?’ He (the Imam) said, ‘The slave is sold. The creditors take four hundred and the heirs take the two hundred and there is nothing for the slave.’ I then said, ‘The price of the slave is six hundred and the debt is three hundred.’ He (the Imam) smiled and said, ‘This is where your companions are proved incorrect. They have made all things as one thing without the knowledge of the Sunnah. When the debt and legacy are equal or the legacy is more than debts, the testator is not accused about his will and it is accepted as it is. Now it stops. One-half is for creditors, one-third for heirs and one-sixth is for him (the deceased).”’
2. Ali ibn Ibrahim has narrated from his father [from ibn abu ‘Umayr] from Jamil ibn Darraj from Zurarah who has narrated the following: “About the case of a man who frees his slave at the time of his death with debt on him, one of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘If the value of the debt and slave are equal, freeing is permissible, otherwise, it is not permissible.”’
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from ibn Faddal from al-Husayn Aban al-Jahm who has narrated the following: “This is about the case of a man who frees his slave at the time of his death in front of witnesses. The price of the slave is six hundred dirham, his debt is three hundred dirham and he has no other legacy. I once heard abu al-Hassan, ‘Alayhi al-Salam, say, ‘One-sixth of him is free because he owns from him three hundred and the other three hundred is for the debt. Thus out of three hundred one-third is his which is one-sixth of the total.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu Najran from ‘Asem ibn Humayd from Muhammad ibn Qays who has narrated the following: “This is about the case of a contracted slave who is married to a free woman who in her will assigns something for him and the heirs disagree with her will, saying that he is not free but is only contracted and he cannot inherit. Abu Ja’far, ‘Alayhi al-Salam, issued a judgment that he inherits proportionate to the degree of his freedom according to the contract. He (the Imam), ‘Alayhi al-Salam, judged in the case of a contracted slave for whom a will was made and the slave had paid one-half according to the contract. The judgment granted him one-half of the will. He (the Imam), ‘Alayhi al-Salam, judged one-fourth of the amount of will in favor of the slave who had paid one-fourth of the amount required according to the contract. About the case of a free man who had made a will for a contracted slave-girl who had paid one-sixth of what was required according to the contract, He (the Imam), ‘Alayhi al- Salam, judged in her favor proportionate to what was made free from her.
1. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad ibn ‘Isa from Safwan ibn Yahya from Musa ibn Bakr from Zurarah who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘When a boy becomes ten years old it then is permissible for him to use his assets, like freeing, charity and making a will within the limits of law.”’
Daif (per the well-known view)· al-Majlisi
Recueils sunnites : texte du jeu de données ouvert hadith-api. Al-Kafi : texte arabe, traduction de Muhammad Sarwar et authentifications de Thaqalayn.net via l'API Thaqalayn. La numérotation suit ces éditions et peut différer d'une copie imprimée — vérifiez l'arabe dans une édition de confiance avant de vous appuyer sur une référence.
