Issue No. 2347- One cannot will more than 1/3 of his property, unless the heirs give consent to it, irrespective of whether this permission is before his death or after it, and the heirs cannot, as an obligatory precaution, withdraw their permission whether they have given it before his death or after.
Issue No. 2348- If a person makes many Wills for various tasks and if 1/3 of his property does not suffice, they should act upon what is mentioned in the Will till it reaches 1/3 of the property, and the remainder of the Will (which exceeds the expenditure of 1/3) is void, except for when the heirs give their consent. However, if in his Will he has also mentioned obligatory religious dues, like ḥajj, khums, zakāt and maẓālim, this portion will be deducted from his entire estate and the rest from 1⁄3.
Issue No. 2349- If a person claims that the deceased had willed that a certain amount be given to him, and two just men confirm his statement, or if he takes an oath and one just man also confirms his statement, or if one just man and two just women or four just women bear witness to what he says, the amount claimed by him should be given to him. And if at the time of making a Will, there was not a just man present, and only one just woman bears witness, 1/4 of the amount claimed by him should be given to him, and if two just women bear witness, 1/2 of that amount should be given to him, and if three just women bear witness, 3/4 of it should be given to him. Also, if two non-Muslim males from among the People of the Book who are deemed as just in their own religion, confirm his statement, and if the dead person was obliged to make a Will while no just Muslim man and woman were present at that time, the will be should be acted upon.
Issue No. 2351- If a person makes a Will that something out of his property is for a particular person, and that beneficiary dies before accepting or rejecting it, his heirs can accept the Will, whether he (the beneficiary) has died before the testator or after him, provided that the testator does not revoke his Will.
Issue No.2355- If out of the first group, there is only one heir of the deceased (for example, the father or mother or only one son or only one daughter) he/she inherits the entire property. In case there is more than one son or daughter, the property will be divided among them equally. However, if there are both sons and daughters, the property is divided among them in such a way that each son gets twice the share of each daughter.
Issue No.2355- If out of the first group, there is only one heir of the deceased (for example, the father or mother or only one son or only one daughter) he/she inherits the entire property. In case there is more than one son or daughter, the property will be divided among them equally. However, if there are both sons and daughters, the property is divided among them in such a way that each son gets twice the share of each daughter.
Issue No.2355- If out of the first group, there is only one heir of the deceased (for example, the father or mother or only one son or only one daughter) he/she inherits the entire property. In case there is more than one son or daughter, the property will be divided among them equally. However, if there are both sons and daughters, the property is divided among them in such a way that each son gets twice the share of each daughter.
Issue No.2356- If the father and the mother of a deceased are his only heirs, the property is divided into three parts, out of which two parts are taken by the father and one by the mother. If the deceased has two brothers or four sisters, or one brother and two sisters, who are all from the same parents or are related to him from the side of the father only, the mother gets one-sixth of the property and the rest is inherited by the father.
Issue No.2357- If the heirs of a deceased are only his father, mother and his one daughter, the property will be divided into five parts, out of which the father and the mother take one share each, and the remaining three shares are taken by the daughter. In case the deceased has two brothers or four sisters or one brother and two sisters from the same father of the deceased, the property will be divided into six parts. The father and mother will each take one part, and three parts will be taken by the daughter. As regards the remaining one part, the father and the daughter will divide it between themselves, and as a recommended precaution they should make a compromise in this division.
Issue No.2358- If the heirs of the deceased are his father, mother and one son only, the property is divided into six parts, from which one is taken by the father and one by the mother, and four by the son. In case, the deceased has several sons or daughters, they divide the said four parts equally among them. If, however, he has several sons and daughters, the four shares are divided among them in such a way that each son gets double the share of each daughter.
Issue No.2359- If the heirs of the deceased are his father and one son only, or his mother and one son only, the property is divided into six parts, from which one part goes to the father or mother, and five parts to the son.
Issue No.2360- If the heir of the deceased is either his father or mother along with one son and one daughter, the property is divided into six parts, out of which one goes to the father or the mother, and the remaining five parts is divided in such a way that each son gets double the share of each daughter.
