Issue No. 2324- If a person wishes to make a Will, he can do so by saying or writing to make himself understood, and if he is not able to speak or write, he can make a Will by means of indication to make himself understood.
Issue No. 2325- Besides a Will, all transactions can be conducted by writing and signing, as it is customary nowadays with business-related documents that are completed by signing. However, marriage and divorce contracts are void when concluded only in written as an obligatory precaution.
Issue No. 2326- A person making a Will should be mature and sane. However, if a ten-year-old boy who distinguishes between good and bad makes a Will for charitable tasks, like construction of a mosque, a school or a hospital, etc., or makes an appropriate and reasonable Will for his blood relatives, the Will is in order. Also, a person making a Will should not be a mentally incompetent person, and the Islamic judge should not have prevented him from having discretion over his properties, and he should make a Will with his own free will and intention, and no force or compulsion should be involved.
Issue No. 2327- If a person who, for example, injures himself intentionally or takes poison and makes a Will about his property and thereupon he dies, his Will is not in order.
Issue No. 2328- If a person makes a Will that something from his property should be given to someone, that thing becomes his property after the death of the testator and acceptance will not be necessary either. However, if that person rejects it during the lifetime of the testator, the obligatory precaution is that he should not appropriate that property as a possessor.
Issue No. 2329- When a person sees signs of death in himself, he should immediately return the things held in trust by him to their owners. And if he is indebted to others, and the time for repayment of the debt has matured, he should repay the debt. And if he is not in a position to repay the debt or the time for its repayment has not yet matured, he should make a Will, and if he is not sure that they will act according to his Will, he should make a Will in the presence of witnesses for its repayment. However, if he is certain that his heirs will repay his debts, it is not necessary to make a Will.
Issue No. 2329- When a person sees signs of death in himself, he should immediately return the things held in trust by him to their owners. And if he is indebted to others, and the time for repayment of the debt has matured, he should repay the debt. And if he is not in a position to repay the debt or the time for its repayment has not yet matured, he should make a Will, and if he is not sure that they will act according to his Will, he should make a Will in the presence of witnesses for its repayment. However, if he is certain that his heirs will repay his debts, it is not necessary to make a Will.
Issue No. 2330- If a person who sees signs of death in himself has a debt of khums, zakāt and maẓālim or has other liabilities, he should make necessary payments at once. And in case he cannot make payments and if he owns property or there is a probability that his friends or relatives will make these payments, he (the person in his deathbed) should make a Will in this regard. The same rule applies if he has obligatory ḥajj on him or lapsed fasts and prayers; the obligatory precaution is that he should make a Will (taking into account what was said earlier about the rules of hired prayers and fasts).
Issue No. 2330- If a person who sees signs of death in himself has a debt of khums, zakāt and maẓālim or has other liabilities, he should make necessary payments at once. And in case he cannot make payments and if he owns property or there is a probability that his friends or relatives will make these payments, he (the person in his deathbed) should make a Will in this regard. The same rule applies if he has obligatory ḥajj on him or lapsed fasts and prayers; the obligatory precaution is that he should make a Will (taking into account what was said earlier about the rules of hired prayers and fasts).
Issue No. 2331- If a person who observes signs of death in himself has deposited some property with some other person or has concealed it in a place of which his heirs are not aware, and if owing to the ignorance of the heirs their right is lost, he should inform them about it. And if he has minor children and it is possible that their property may perish or they themselves may be lost without a legal guardian, he should appoint an honest guardian for them.
Issue No. 2331- If a person who observes signs of death in himself has deposited some property with some other person or has concealed it in a place of which his heirs are not aware, and if owing to the ignorance of the heirs their right is lost, he should inform them about it. And if he has minor children and it is possible that their property may perish or they themselves may be lost without a legal guardian, he should appoint an honest guardian for them.
Issue No. 2332- The person appointed to execute a Will is called the "waṣī" (executor), and based on obligatory precaution, he should be Muslim, mature, sane and trustworthy.
