The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

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.

Issue No. 2333- If a person appoints more than one executor, allowing each of them to execute the Will independently, it will not be necessary that they should obtain permission from one another for the execution of the Will. And if he has not accorded any such permission whether he has or has not said that both of them should execute the Will jointly, they should execute the Will in consultation with one another. And if they are not prepared to execute the Will jointly or they differ in distinguishing the good, and if this causes the Will to be left unexecuted or delayed, the Mujtahid or his representative should take the necessary steps so that the execution of the Will is not halted.

Issue No. 2334- If a person revokes his Will; for example if he says that 1⁄3 of his property should be given to a person and then says that it should not be given to him, the Will becomes void. And if he changes his Will, e.g., he appoints a legal guardian for his minor children and then replaces him with another person, his first Will becomes void and his second Will should be acted upon. And if he also conducts himself in a manner which shows that he has drawn back from his Will, for example, if he sells the house which he had willed to give away to someone, or appoints someone as his agent to sell it, the Will becomes void.

Issue No. 2337- If a person makes a Will that 1/3 of his property should be retained and its income should be spent for some particular purpose, his instructions should be followed.

Issue No. 2338- If a person says during an ailment of which he dies that he owes some amount to someone, and if it is alleged that he has said this to harm his heirs, the portion specified by him should be given out of 1/3 of his property and if he is not accused of any such thing his admission is valid and the payment should be made out of his entire estate.

Issue No. 2339- The person for whom a Will has been made, should be existent at the time of the Will. Hence, if a person makes a Will that a property be given to a child who may possibly be conceived, it is void as an obligatory precaution, and in case one makes such a will the obligatory precaution is that a compromise should be made with the heirs. However, if one makes a Will for a child who is in the mother’s womb, though it may not have soul yet, the Will is in order. In case, therefore, the child is born alive, what the testator had willed should be carried out, and if the child is born dead, the Will becomes void and that property will be inherited by the heirs.

Issue No. 2340- If a person comes to know that someone has appointed him as his executor, and he informs the testator that he is not prepared to perform the duties of an executor, and if he (the testator) can appoint another person as the executor of his Will, the first Will becomes void. However, if he does not come to know about it before the death of the testator, or comes to know about it but does not inform the testator that he is not prepared to act as an executor, or he informs him, but he does not have access to anyone else, the obligatory precaution is that he should act upon the Will except for when the execution of the Will involves extreme hardship for him.

Issue No. 2341- After the testator dies, the executor cannot appoint another person to execute the Will and keep aloof himself. However, if he knows that the deceased did not mean that the executor should perform the task himself and what he wanted was only that the task be accomplished, he may appoint another person as his agent.

Issue No. 2342- If a person appoints two persons as joint executors, and if one of them dies, or becomes insane, or apostatizes, the Mujtahid or his representative will appoint another person in his place. And if both of them die or become insane or apostates, the Mujtahid or his representative will appoint two persons in their place.