Issue No. 2343- If an executor alone cannot perform all the tasks laid down in the Will of the deceased and cannot hire someone else to help him, the Mujtahid or his representative will appoint someone to assist him in his duties.
Issue No. 2344- If all or a part of the property of the deceased is lost or damaged while in the custody of the executor, and if he has not been negligent in looking after it or has not acted against the tasks laid down in the Will by the deceased, he will not be responsible, otherwise he will be.
Issue No. 2345- If a person appoints someone as his executor and says that after the executor’s death, another person should be the executor in his place, this Will is in order, and if the first executor dies, the second executor replaces him.
Issue No. 2346- Debts and the expenses of obligatory ḥajj, khums and zakāt should be paid from the entire estate, though he may not have made a Will for them. And if the property of the deceased exceeds his debts and obligatory religious dues like the one mentioned above, and if he has also willed that 1/3 or a part thereof of his property be put to a particular use, his Will should be followed, and if he has not made a Will, 1/3 of the property will not be for him, and what remains after the deduction of his debts and religious dues is the property of the heirs.
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.
