Rules regarding will (Wasiyyat)

Rules regarding will (Wasiyyat) » Introduction
2703. A Will is purported to direct that after one's death, a certain task be completed, or that a portion of his property be given in ownership to someone, or that the ownership of his property be transferred to someone, or that it be spent for charitable purposes, or that he appoints someone as guardian of his children and dependents. A person who is to give effect to a Will is called executor (Wasi).
2704. If a person who is dumb, can make himself understood by means of signs, he can Will for anything he likes; and even if a person who can speak, makes a Will by means of signs and makes himself understood, his Will will be valid.
2705. If a written paper is found, signed and sealed by a deceased person, and if it is known or conveyed that he wrote it as a Will, it should be acted upon. But if it is known that it was not his intention to make any Will, and that he had simply made some notes for a Will to be written later, it will not be considered as a Will.
2706. A person making a Will should be baligh, sane, and he should not be a feeble-minded squanderer. And the Will must have been made with free will and choice. A Will made by a non-baligh child is invalid, but if a child of ten years of age Wills for the benefit of his blood relatives, or for general charity, then that Will is valid. But if he Wills for the benefit of those other than his blood relatives, or if a seven year old child WIlls that a certain part of wealth be for someone, or be given to someone, that Will is a matter of Ishkal, and in both cases, precaution must not be ignored. As for the feeble-minded squanderer, his Will related to his property is not valid, but in matters other than the property, like in matters of some tasks or duties to be performed for the deceased, his Will is valid.
2707. If a person who injures himself intentionally, or takes a poison, because of which his death becomes certain or probable, makes a Will that a certain part of his property be put to some particular use, his Will is not in order.
2708. If a person makes a Will that something from his property will belong to someone, and if that person accepts the Will, even if his acceptance took place during the lifetime of the testator, that thing will become his property after the death of the testator.
2709. When a person sees signs of approaching death in himself, he should immediately return the things held in trust by him to their owners, or should inform the owners, acting according to the details already mentioned in rule no. 2351. And if he is indebted to others, and the time for repayment of the debt has matured, and if the creditors make the demand, 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, or the creditor has not yet demanded, he should make arrangements to ensure that his creditor will be paid after his death, like, by making a Will to inform those who are unaware of the debt and then appoint witness to the Will.
2710. If a person who sees signs of approaching death in himself, has a debt of Khums and Zakat, or has other liabilities, and if he cannot make payment immediately, he should make a Will directing payment, if he owns some property, or if he knows someone will pay on his behalf. The same rule applies if he has obligatory Hajj on him. But, if he is capable of paying his religious dues immediately, he should pay at once, even if he sees no signs of impending death.
2711. If a person who finds signs of approaching death in himself, has lapsed (Qadha) of some prayers and fasts due to him, he should direct in his Will that a person be hired and paid from his estate for their performance. In fact, even if he does not leave any estate, but feels it probable that someone would perform them without taking any fees, it is obligatory for him to make a Will in this behalf. And if he has someone like his eldest son who would perform, it is sufficient to inform him about it, and it is not obligatory to Will in that respect.
2712. If a person who finds signs of impending death in himself has deposited some property with some other person, or has concealed it in some 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 it is not necessary for him to appoint a guardian, or an administrator for his minor children, except when it is feared that their property may perish, or they themselves may be ruined without an administrator, in which case, he should appoint a trustworthy administrator for them.
2713. The executor (Wasi) should be sane and trustworthy in matters related to the testator, and as a precaution, in matters related to others also. And it is necessary as a precaution, that the executor of a Muslim should be a Muslim. To appoint a Na-baligh child alone for putting the Will into effect, is not in order, if the said child is expected to exercise discretion without permission of the guardian. But if the child is directed to put the Will into effect after having become baligh, or with the permission of the guardian, there will be no objection.
2714. If a person appoints more than one executors, 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 had not given any such permission - whether he had or had 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, and this unwillingness is not occasioned by any religious scruple, the Mujtahid can force them to do so, and if they do not obey his orders, or any one has a religious excuse for not being prepared to act jointly, then the Mujtahid can replace the dissenting executor.
2715. If a person retracts a directive in his Will, for example, if he first 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, for example, if he appoints an administrator for his children, and then replaces him with another person, his first Will becomes void, and his second Will should be acted upon.
2716. If a person conducts himself in a manner which shows that he has drawn back from his Will, for example, if he sells a house which he had willed to give away to someone, or appoints someone as his agent to sell it in spite of his original wish, the Will becomes void.
2717. If a person makes a Will that a particular thing be given away to someone, and later changes it to say that half of the same thing should be given to another person, that thing should be divided into two parts, and one part should be given to each of them.
2718. If a person who is on his death-bed, bestows a part of his property as gift on a certain person, and makes a Will that after his death another quantity be given to yet another person, and if both the gifts exceed one-third of his estate, and the heirs are not prepared to approve the excess, then in that case the first endowment should be given to the first beneficiary, and whatever remains from one-third should be spent according to the Will.
2719. If a person makes a Will that 1/3 of his property should not be sold and its income should be spent for some particular purpose, his instructions should be followed.
2720. If a person says during his terminal illness, that he owes certain amount to someone, and if he is suspected of having said that to harm his heirs, the amount specified by him should be given out of 1/3 of his property; and if he is not suspected of any such motive, his admission will be valid, and the payment should be made out of his estate.
2721. When a person makes a Will that something be given to another person, it is not necessary that that beneficiary should be existing at the time of the Will. If, therefore, he makes a Will that something be given to a child who may possibly be born of a particular wife, it is necessary that the thing should be given to the child if he is born after the death of the testator. And if he is not born, and if the Will is construed as general, then it should be spent in a manner which would be nearer to the object of the Will, according to the testator. But, if he makes a Will that after his death, a portion of his property will be owned by a particular person, and if that person exists at the time of the death of the testator, the Will is in order, otherwise it is void, and whatever he willed for that person should be divided by the heirs among themselves.
2722. If a person comes to know that someone has appointed him his executor, and he informs the testator that he is not prepared to perform the duties of an executor, it is not necessary for him to act as an executor after the death of the testator. But, if he does not come to know of his appointment 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, he should execute the Will if the execution of the Will does not involve any hardship to him. Also, if the executor comes to know of his appointment at a time when due to serious illness or some other hindrance, the testator cannot appoint any other executor, he should, on the basis of precaution, accept the appointment.
2723. After a testator dies, the executor cannot appoint another person to execute the Will and retire himself. But, if he knows that the deceased did not mean that the executor should execute the Will himself, what he wanted was only that the given work should be accomplished, he can appoint another person on his behalf.
2724. If a person appoints two persons as joint executors, and if one of them dies, or becomes insane, or an apostate, the Mujtahid will appoint another person in his place. And if both of them die, or become insane or apostates, the Mujtahid will appoint two persons in their place. However, if one person can execute the Will, it is not necessary to appoint two persons for the purpose.
2725. If an executor alone cannot perform all the tasks laid down in the Will of the deceased, even by appointing someone as his agent or by hiring someone, then the Mujtahid will appoint someone to assist him in his duties.
2726. If a quantity from the property of a dead person is lost or damaged while in the custody of the executor, and if he has been negligent in looking after it, or has gone beyond moderation, he will be responsible. For example, if the dead person had willed him to give a certain quantity to the poor of a particular town, and he took it to some other town, and in the process it has perished, he will be responsible for it. But if, he has not been negligent nor immoderate, he will not be responsible for the loss.
2727. If a person appoints someone as his executor, and says that after that executor's death, another person should be the executor in his place, the second executor should perform the tasks laid down in the Will of the deceased, after the death of the first executor.
2728. If obligatory Hajj remained unperformed by the dead person, or debts and dues like Khums, Zakat and Mazalim (wealth wrongly appropriated) which were obligatory to pay, were not paid, they should be paid from the estate of the deceased though he may not have directed in his Will for them.
2729. If the estate of the deceased exceeds his debt and expenses for obligatory Hajj, and obligatory religious dues like Khums, Zakat and Mazalim, 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, then what remains is the property of the heirs.
2730. If the disposal specified by the deceased exceeds 1/3 of his property, his Will in respect of what exceeds the 1/3 of his property will be valid only if the heirs show their agreement, by words or by conduct. Their tacit approval will not suffice. And even if they give their consent after some time, it is in order. But if some heirs permit and others decline to give consent (to the Will being acted upon), the Will is valid and binding only in respect of the shares of those who have consented.
2731. If the dispensation specified by the deceased exceeds 1/3 of his property, and his heirs give consent to that dispensation before his death, they cannot withdraw their permission after his death.
2732. If a person makes a Will that Khums and Zakat and other debts due to him should be paid out of 1/3 of his property, and also someone be hired for performing his qadha prayers and fasts, and also perform Mustahab acts like feeding the poor, the precaution will be that, his debt should be paid first out of the 1/3 of his property, and if there is a balance, a person should be hired to perform his qadha prayers and fasts, and if there is still a residue, it should be spent on the Mustahab acts specified by him. If, however, 1/3 of his property is sufficient only for the payment of his debts, and his heirs, too, do not permit that anything more than the 1/3 of his property should be spent, his Will in respect of prayers, fasts, and Mustahab acts is void.
2733. If a testator wills that his debt should be paid, and also someone should be hired for the performance of his qadha prayers and fasts, and also Mustahab acts should be performed, but does not direct that the expenses for those acts should be paid from 1/3 of his estate, then his debt should be paid from his estate, and if anything remains, 1/3 of it should be spent on prayers and fasts and Mustahab acts specified by him. And if that 1/3 is not sufficient, and if his heirs permit, his Will should be implemented by paying from their share, and if they do not permit, the expenses of prayers and fasts should be paid from the 1/3 of his estate, and if anything remains it should be spent on the Mustahab acts specified by him.
2734. If a person claims that the deceased had willed that a certain amount should be given to him, and two Adil men confirm his statement, or if he takes an oath, and one Adil man also confirms his statement, or if one Adil man and two Adil women, or four Adil women bear witness to what he says, the amount claimed by him should be given to him. And if only one Adil woman bear witness, 1/4 of the amount claimed by him should be given to him, and if two Adil women bear witness, 1/2 of that amount, and if three Adil women bear witness, 3/4 of it should be given to him. Also, if two non-Muslim males from amongst the people of the Book, who are esteemed as Adil in their own religion, confirm his statement, and if the dead person was obliged to make a Will while no Adil man and woman was present at that time, the amount claimed by that person should be given to him.
2735. If a person claims that he is the executor of the deceased, and can act according to the Will and put it into effect, or that the deceased had appointed him an administrator of his children, his statement should be accepted only if two Adil men confirm it.
2736. If a person makes a Will that something from his estate is for a particular person, and that beneficiary dies before accepting or rejecting it, his heirs can accept it as long as they do not reject the Will. However, this order applies when the testator does not retract his Will, otherwise the beneficiary have no right to lay claim to that thing.
Rules regarding will (Wasiyyat) » Inheritance
2737. There are three groups of persons who inherit from a dead person, on the basis of relationship:
The first group consists of the dead person's parents and children, and in the absence of children, the grand children, however low, and among them whoever is nearer to the dead person inherits his property. And as long as even a single person from this group is present, people belonging to the second group do not inherit.
The second group consists of paternal grandfather, paternal grandmother, and sisters, brothers, and in the absence of sisters and brothers their children, whoever from among them is nearer to the dead person, will inherit from him. And as long as even one person from this group is present, people belonging to the third group do not inherit.
The third group consists of paternal uncles and paternal aunts and maternal uncles and maternal aunts, and their descendants. And as long as even one person from the paternal uncles and paternal aunts and maternal uncles and maternal aunts of the dead person is present, their children do not inherit. However, if the paternal step uncle and the son of the real paternal uncle are present, the son of the dead person's real paternal uncle will inherit from him to the exclusion of the paternal step uncle. But if there are several paternal uncles and several paternal cousins, or if the widow is alive, then this rule is not without Ishkal.
2738. If the dead person's own paternal uncle and paternal aunt and maternal uncle and maternal aunt and their children and their grandchildren do not exist, the property will be inherited by the paternal uncles and paternal aunts and maternal uncles and maternal aunts of dead person's parents. And if even they do not exist, the property will be inherited by their descendants. And in the absence of their descendants, the property is inherited by the paternal uncles and paternal aunts and maternal uncles and maternal aunts of the dead person's paternal grand parents. And if even they do not exist, the property is inherited by their descendants.
2739. Husband and wife inherit from each other as will be explained later.
Rules regarding will (Wasiyyat) » Inheritance of the first group
2740. If out of the first group, there is only one heir of the deceased (for example, father or mother or only one son or only one daughter) he/she inherits the entire estate, and, if there are more than one sons or daughters, the estate is divided among them in such a way, that each son gets twice the share of each daughter.
2741. If the father and the mother of deceased are his only heirs, the estate is divided into 3 parts, out of which 2 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 Muslims and are related to him from the side of the father (i.e. the father of these persons and of the deceased is same, although their mothers may be different), the effect of their presence on the inheritance is that, although they do not inherit anything in the presence of the father and the mother, the mother gets 1/6 of the estate, and the rest is inherited by the father.
2742. If only the father, the mother and one daughter are the heirs of deceased, and he (the deceased) does not have two paternal brothers, or four paternal sisters, or one paternal brother, and two paternal sisters, with the conditions already explained, the estate will be divided into 5 parts, out of which the father and the mother take one share each, and the remaining 3 shares are taken by the daughter. And if the deceased has two paternal brothers, or four paternal sisters, or one paternal brother, and two paternal sisters, the estate will again be divided into 5 parts, as the presence of these persons will have no effect. But it is commonly held by the Fuqaha that, in such situation, the estate will be divided into six parts. Father and mother will take one part each, and three parts will be taken by the daughter. As regards the remaining one part, it is again divided into 4 parts out of which one part is taken by the father and 3 by the daughter. As a result, the estate of the deceased is divided into 24 parts, out of which 15 are taken by the daughter, 5 by the father, and 4 by the mother. But this verdict is not without Ishkal, and therefore precaution must be exercised while allocating one-fifth or one-sixth of the mother's share.
2743. If the heirs of the deceased are his father, mother, and one son only, the property is divided into 6 parts, from which one part is taken by the father and one by the mother, and 4 by the son. And if the deceased has several sons or several daughters, they divide the said 4 parts equally among them. If however, he has several sons and daughters, the 4 shares are divided among them in such a manner, that each son gets double the share of each daughter.
2744. If the heirs of deceased are only his father or mother and one or several sons, the property is divided into 6 parts, from which one goes to the father or mother, and 5 to the son. If there are more than one sons, they divide those 5 parts equally among them.
2745. If the deceased is survived by the father or the mother with his sons and daughters, the estate will be divided into 6 parts. One part is taken by the father or the mother, and the remaining 5 parts are divided among the sons and daughters, in such a manner that each son gets double the share of each daughter.
2746. If the heirs of deceased are only his father or mother and one daughter, his estate will be divided into four parts. Out of these one part is taken by the father or the mother, and the rest goes to the daughter.
2747. If the heirs of deceased are his father or mother and several daughters, the property is divided into 5 parts. One part is taken by the father or the mother, and the remaining 4 parts are equally divided among the daughters.
2748. If the deceased has no children, the child of his son gets a son's share even if it be a daughter, and the child of his daughter gets a daughter's share even if it be a son. For example, if the deceased has a grandson by his daughter, and a grand-daughter by his son, the property will be divided into 3 parts, from which one part will go to the grandson by his daughter, and 2 to the grand-daughter by his son.
Rules regarding will (Wasiyyat) » Inheritance of the second group
2749. The second group of persons, which inherits on the basis of relationship, consists of paternal grandfather, paternal grandmother, brothers and sisters and, if the dead person does not have brothers and sisters, their children inherit the estate.
2750. If the heirs of deceased is only one brother, or only one sister, he or she inherits the entire estate, and if he has several real brothers alone or several real sisters alone, they divide the property equally among themselves. If, however, he has several real brothers and some real sisters together, every brother gets double the share of a sister. For example, if he has two real brothers and one real sister, the property will be divided into 5 parts, and each brother will get 2 parts while the sister will get one.
2751. If a deceased has real brothers and real sisters, his half brothers and sisters (whose mother is the stepmother of the deceased) do not inherit his property. And if he has no real brothers or real sisters, and has only one half brother or only one half sister, (both from father's side) the entire estate will be inherited by him or her. And if he has many paternal half brothers alone, or many paternal half sisters alone, the estate will be divided among them equally. And, if he has paternal half brothers together with paternal half sisters, every brother gets double the share of every sister.
2752. If the only heir of deceased is one maternal half sister, or one maternal half brother, their father being different from the deceased father, she or he gets the entire estate. And if he has several maternal brothers alone, or several maternal sisters alone, or both of them together, the estate is divided equally among them.
2753. If the dead person has real brothers and sisters, together with half brothers and sisters from father's side, and one half brother or one half sister from maternal side, the paternal brothers and sisters will not inherit. In this case, the estate will be divided into 6 parts, from which one part will be inherited by the maternal brother or sister, and the remaining 5 parts will be divided by the real brothers and sisters among themselves, in such a manner that every brother will get double the share of every sister.
2754. If a deceased has real brothers and sisters together with paternal brothers and sisters, and several maternal brothers and sisters, the paternal brothers and sisters will no inherit. In this case, the estate will be divided into 3 parts, from which one part will be divided by the maternal brothers and sisters equally among themselves, and the remaining 2 parts will be divided among the real brothers and sisters, in such a manner that every brother gets double the share of every sister.
2755. If the only heirs of deceased are his paternal brothers and sisters, and one maternal brother or one maternal sister, the estate will be divided into 6 parts. One part will be given to the maternal brother or the maternal sister, and the remaining parts will be divided among the paternal brothers and sisters, in such a manner that every brother gets double the share of every sister.
2756. If the only heirs of deceased is his paternal brother and sister, and several maternal brothers and sisters, the estate will be divided into 3 parts. One part will be shared among the maternal brothers and sisters equally, and the remaining 2 parts will be divided among the paternal brothers and sisters, in such a manner that every brother gets double the share of every sister.
2757. If the brother, the sister, and the wife of deceased are his only heirs, the wife gets her inheritance in the manner which will be explained later, and the sister and brother get their inheritance as stated in the foregoing rules. Also, if a woman dies and her only heirs are her sister, her brother and her husband, the husband gets half of the estate, and the sister and the brother inherit as explained earlier. However, nothing is reduced from the share of maternal brother and sister to provide for the shares of the wife or the husband. But in the case of real brothers and real sisters, or paternal brothers and sisters, their shares may be reduced. For example, if the heirs of deceased are her husband, maternal brother and sister, and real brother and sister, half of the estate will go to the husband, and one part out of the three parts of the original estate will be given to the maternal brother and sister, and whatever remains will be the property of the real brother and sister. Hence, if the total estate of the deceased is $6, $3 goes to the husband, $2 are taken by the maternal brother and sister, and $1 will be the share of the real brother and sister.
2758. If deceased does not have sister and brother, their share of the inheritance is given to their descendants, and the share of maternal brother's child and maternal sister's child will be divided among them equally. And as for the share of the paternal brother's child and paternal sister's child, or real brother's child and real sister's child, the commonly held principle is that every son gets twice as much as the daughter, but it may be true that they too may get equal shares. Therefore, it is better that they should resort to a compromise.
2759. If the heir of the deceased is only one grandfather or one grandmother, regardless of whether they are paternal or maternal, the entire estate goes to them, and the great grandfather of the deceased does not inherit in the presence of the grandfather. And if only the paternal grandfather and paternal grandmother of the dead person are the heirs, the estate will be divided into 3 parts, from which 2 parts will be taken by the grandfather and one part will be taken by the grandmother. And if the maternal grandfather and maternal grandmother are the heirs, the property will be divided between them equally.
2760. If the heirs of deceased is paternal grandfather or paternal grandmother together with maternal grandfather or maternal grandmother, the property will be divided into 3 parts. 2 parts will go to the paternal grandfather or paternal grandmother, and one part will go to the maternal grandfather or maternal grandmother.
2761. If the heirs of the deceased are paternal grand parents together with maternal grand parents, the estate will be divided into 3 parts. One part will be divided equally between the maternal grandfather and the maternal grandmother, and the remaining 2 parts will go to the paternal grandfather and the paternal grandmother, from which the paternal grandfather gets twice the share of the paternal grandmother.
2762. If the only heirs of a deceased are his wife together with his paternal grand parents, and his maternal grand parents, his wife gets her inheritance in the manner which will be explained later. And one of the 3 parts of the original estate of the deceased will be given to the maternal grandfather and grandmother, to divide it equally between them. The remaining part will be given to the paternal grand parents, and the paternal grandfather gets twice as much as the paternal grandmother. And if the heirs of the deceased are her husband together with her paternal or maternal grand parents, the husband gets half of the property, and the grand parents get their inheritance in the manner mentioned in the foregoing rules.
2763. There are a few combinations of brother or sister, or brothers or sisters with the grand parents:
That the grand parents and brothers or sister are each from the mother's side. In that event the estate is divided among them equally, though they are of different sex.
That all of them are from the father's side. In that case, the property will be divided among them equally, provided that all of them are males, or all of them are females. And if they are different, every male will get twice as much as the female.
That the grand parents from the paternal side combine with the real brother or sister. The rule explained in the foregoing clause will also apply in this case. And it should be remembered that if the paternal brother or sister of the deceased combines with real brother or sister, those who are paternal do not inherit alone, but all of them inherit.
That there are grand parents, paternal and maternal, all males or all females or mixed, combined with the brothers or sisters who are similarly of diverse categories. In this case, 1/3 of the estate will go to the maternal relatives to be divided equally among them, regardless of their sex. And 2/3 of the estate will go to the paternal relatives, among whom every male gets twice as much as a female. And if there is no difference of sex among them, and all of them are males or all of them are females it will be divided equally among them.
That paternal grand parents are combined with maternal brother or sister. In this case, if there is only one brother or sister, he/she gets 1/6 of the property, and if they are many, 1/3 of the property is divided among them equally. The balance goes to the paternal grand parents, and if both the grandfather and the grandmother are there, the grandfather gets twice as much as the grandmother.
That maternal grand parents combine with the paternal brother. In this case 1/3 goes to the grand parent, although he/she may be alone, and 2/3 goes to the brother although he may be alone. If there is a paternal sister combined with the maternal grandfather or the grandmother, and if she is alone, she will get 1/2 of the property, and if there are several sisters they get 2/3 of it. And in every case, the share of the grandfather and grandmother is 1/3. And based on this calculation, there will be a residue of 1/6 if there is only one sister. Therefore, as an obligatory precaution, a compromise should be effected for that extra residue.
That there are some paternal and some maternal grand parents combined with one or more paternal brother or sister. In this case, the share of the maternal grandfather or grandmother is 1/3, and if they are many, it will be divided among them equally, although they are of different sex. And the remaining 2/3 of the estate is given to the paternal grandfather or the paternal grandmother and the paternal brother or the paternal sister. If they are of different sex, the estate will be divided in the ratio of one to two, and if they are all of the same sex, it will be divided equally. And if there is a maternal brother or maternal sister with those grand parents, the share of the maternal grandfather or maternal grandmother, together with the maternal brother or maternal sister will be 1/3, which will be divided among them equally, even if they are of different sex. And the share of the paternal grandparents will be 2/3, which be divided among them in the ratio of one to two in the case of difference of sex, and otherwise equally.
That there are brothers and sisters, some of whom paternal and others maternal, combined with paternal grand parents. In this case, the share of the maternal brother or maternal sister is 1/6, if he/she is alone, and 1/3 if there are many of them, and it will be divided equally among them. And as for the paternal brother or paternal sister together with the paternal grand parents, the remaining estate will go to them, to be divided among them equally if they are all of one sex, and if they are different, it will be divided in the ratio of one to two. And if there is a maternal grand parent combined with those brothers or sisters, the total share of the maternal grandfather and maternal grandmother with maternal brother and maternal sister is 1/3, to be divided equally among them. The share of the paternal brother or paternal sister will be 2/3, which will be divided among them in the ratio of one to two, if they are of different sex, and equally if they are of the same sex.
2764. If the deceased has brothers or sisters, then the brother's or sister's children do not inherit. However, this law does not apply when the inheritance of brother's child or sister's child does not clash with that of brother or sister. For example, if the dead person has paternal brother and maternal grandfather, the paternal brother inherits 2/3 and the maternal grandfather inherits 1/3 of the estate. But if the deceased has a son of the maternal brother as well, the brother's son shares with the maternal grandfather the 1/3 of the estate.
Rules regarding will (Wasiyyat) » Inheritance of the third group
2765. The third group of heirs consists of paternal uncle, paternal aunt, maternal uncle, maternal aunt and their children. As mentioned above, the persons constituting this group inherit when none of the persons belonging to the first two categories is present.
2766. If the only heir of deceased is one paternal uncle or aunt (whether he or she be the real, paternal or maternal brother or sister of his father), he or she inherits the entire estate. And if there are some paternal uncles alone, or aunts alone of the deceased, and they are all real or paternal brothers and sisters of his father, the estate will be divided equally among them. And if the survivors are several paternal uncles together with the aunts of the deceased and all of them are the real or the paternal brothers and sisters of his father, then the paternal uncle will get twice the share of the paternal aunt. For example, if two paternal uncles and one paternal aunt are the heirs of the deceased, the estate will be divided into 5 parts, from which the paternal aunt will get one part, and the two paternal uncles will divide the remaining 4 parts equally between them.
2767. If the heirs of a deceased are several maternal uncles or several maternal aunts, the estate will divide equally among them. And if the survivors are maternal uncles together with the maternal aunts, the uncles will receive twice the share of the aunts, though, as a precaution, the uncles should compromise from the excess they receive.
2768. If the heirs of deceased are his paternal uncles and paternal aunts, some of whom are the real brothers and sisters of his father, while others are paternal or maternal half brothers and sisters of his father, those who are paternal half brothers and sisters will not inherit anything. And if the deceased is also survived by one paternal uncle or one paternal aunt, who are the maternal half brother and half sister of his father, the estate will be divided into 6 parts, from which one part will be taken by the paternal uncle or paternal aunt of the deceased, and the remaining will be taken by the full real paternal uncles and paternal aunts of the deceased. If the deceased has no real full paternal uncles and real full paternal aunts, the remaining 5 parts will be taken by those paternal uncles and paternal aunts of the deceased who are the paternal half brothers or sisters of his father. But, if the deceased happens to have those paternal uncles together with paternal aunts who are the maternal half brothers and sisters of his father, the estate will be divided into 3 parts, from which 2 parts will be taken by the real paternal uncles and real paternal aunts of the deceased, who are half paternal brothers and sisters of his father. Then the remaining one part will be taken by those paternal uncles and paternal aunts of the deceased person, who are the maternal half brothers and sisters of his father. It is commonly held by the Fuqaha that the uncles and aunts who are maternally connected with the father of the deceased, should divide their share between them equally, but it may be true that the uncles will receive twice the share of the aunts - however, as a precaution, they should effect a compromise between them.
2769. If a deceased has only one maternal uncle or only one maternal aunt, he or she inherits the entire estate. And if he has a maternal uncle together with the maternal aunt (whether they be the full, or the paternal, or the maternal half brothers and sisters of his mother), the estate should be divided giving the uncle twice the share of the aunt. And since there is a probability that they should inherit equally, observing precaution should not be ignored in that respect.
2770. If the heirs of the deceased are one or several maternal uncles, together with maternal aunts from the mother's side, and full maternal uncle and full maternal aunt, and also maternal uncles and aunts from the father's side, then to deprive the maternal uncle and maternal aunt from the father's side is a matter of Ishkal. In all the situations, the uncles will inherit twice the share of the aunts, but a precaution by way of compromise is recommended.
2771. If the heirs of deceased are one or several maternal uncles, or one or several maternal aunts, or maternal uncle together with maternal aunt with one or several paternal uncles, or one or several paternal aunts, or paternal uncle together with paternal aunt, then the estate will be divided into 3 parts from which one part will be taken by the maternal uncle, or maternal aunt, or both of them, and the remaining part will go to the paternal uncle, or paternal aunt, or both of them.
2772. If the heirs of the deceased are one maternal uncle, or one maternal aunt together with paternal uncle and paternal aunt, and if they are full paternal uncle and the paternal aunt or related from the father's side, the estate will be divided into 3 parts. One part will be taken by the maternal uncle or the maternal aunt, and from the balance two parts of it, 3 will be given to the paternal uncle and one part will be given to the paternal aunt. Based on this calculation, the estate will be divided into 9 parts, from which 3 parts will be given to maternal uncle or maternal aunt, 4 parts are given to the paternal uncle and 2 parts are given to the paternal aunt.
2773. If the heirs of the deceased are one maternal uncle, or one maternal aunt together with one paternal uncle, or one half paternal aunt related from the mother's side together with full or half paternal uncles and aunts, the estate will be divided into 3 parts. One part will be given to the maternal uncle or the maternal aunt, and the remaining 2 parts will be equally divided between the paternal uncles and aunts, with uncles taking twice the share of the aunts, though precaution is recommended.
2774. If the heirs of deceased are several maternal uncles and several maternal aunts, all of whom are either full or related from father's or mother's side, and also a paternal uncle and a paternal aunt, the estate will be divided into 3 parts. 2 parts will be divided between the paternal uncle and the paternal aunt as mentioned above, and one part will be divided equally between the maternal uncles and the maternal aunts as explained in rule no. 2770.
2775. If the heirs of deceased is maternal uncle only, or if there are half maternal aunts related from the mother's side together with several maternal uncles and several maternal aunts who are either full or half related from father's side, and also paternal uncle and paternal aunt, the estate will be divided into 3 parts. Two of these parts will be divided between the paternal uncle and the paternal aunt, in the manner already mentioned, and quite likely, the remaining heirs will share the third part equally.
2776. If the deceased is not survived by paternal uncle, and paternal aunt and maternal uncle and maternal aunt, the share to which the paternal uncle and the paternal aunt are entitled will go to their descendants, and the share to which the maternal uncle and maternal aunt are entitled will go to their descendants.
2777. If the heirs of the deceased are paternal and maternal uncles and aunts of his father, and paternal and maternal uncles and aunts of his mother, the estate will be divided into 3 parts. One part will be given to the paternal and maternal uncles and aunts of his mother, to be divided among them equally, though a precaution by way of compromise should not be ignored. The remaining 2 parts, the same will be again divided into 3 parts. One part will be divided as above between the father's maternal uncle and aunt, and the remaining 2 parts will be divided as above between the father's paternal uncle and aunt.
Rules regarding will (Wasiyyat) » Inheritance by the husband and the wife
2778. If a woman dies without any children, 1/2 of her property is inherited by her husband, and the remaining 1/2 is given to her other heirs. If, she has children from that or another husband, her husband will get 1/4 of the estate, and the remaining part will be inherited by her other heirs.
2779. If a man dies childless, 1/4 of his estate will go to his wife, and the remaining part will be given to his other heirs. And if the man has children from that or another wife, the wife gets 1/8th of the estate, and the remaining part will be inherited by his other heirs. A wife does not inherit anything from the land of a house or a garden or a farm, or from any other land, nor does she inherit from the proceeds of such lands. She does not also inherit from that which stands on that land, like the house and the trees, but she inherits from their proceeds. The same rule applies to the trees and crops and buildings standing on the land of a garden, and on agricultural land, or on any other lands.
2780. If the wife wishes to have any right of discretion over things from which she does not inherit (for example, the land of a residential house) she should obtain the permission of other heirs to do so. Also, it is not permissible for other heirs to have any right of disposal, without the permission of the wife,over those things from the proceeds of which she inherits (for example, the value of the buildings and trees).
2781. If one wishes to evaluate the buildings and the trees and other similar things, it should be calculated as assessors usually do, that is, by estimating its value as they stand, and not as objects uprooted or extirpated from the land. Or, they should be valued as unrented property remaining on the land, till they are destroyed or till they perish.
2782. The canals for the flow of water fall under the category of land, and the bricks etc, used for its construction fall under the category of building.
2783. If a deceased has more than one wives, and if he is childless, 1/4 of the estate will be divided equally among the wives, in the manner explained above, and if he has children, 1/8 of the estate will be divided equally among them. And the rule applies even if the husband may not have had sexual intercourse with some or all of them. However, if he married a woman during a terminal illness, and did not have sexual intercourse with her, that woman will not inherit from him nor will she be entitled to Mahr.
2784. If a woman marries a man during her illness, and dies in that illness, her husband inherits from her even if he did not have sexual intercourse with her.
2785. If a woman is given revocable divorce, in the manner explained in the orders relating to 'divorce', and she dies during the waiting period of divorce (Iddah), her husband inherits from her. Also, if the husband dies during the period of that Iddah, the wife inherits from him. But, if one of them dies after the expiry of that period (Iddah) or during the period (Iddah) of irrevocable divorce, the other does not inherit from him/her.
2786. If a husband divorces his wife during his illness, and dies before the expiry of twelve lunar months, the wife inherits from him on the fulfilment of three conditions:
If she has not married another man during that period. And if she has married another man during that period, she will not inherit, though, as a precaution, a compromise should be reached (between the heirs and the wife).
If she had not sought divorce herself, of her own accord, irrespective of whether she paid her husband some consideration to obtain divorce or not. If she had herself asked for divorce, she does not inherit.
If the husband died during the illness in which he divorced her, as a result of that illness, or some other reason. If the husband recovers from that illness, and dies later owing to some other cause, the divorced wife will not inherit from him.
2787. The dress which a husband gives to his wife to wear, is to be treated as a part of his estate after his death, even if the wife may have worn it.
Rules regarding will (Wasiyyat) » Miscellaneous rules of inheritance
2788. The Holy Qur'an, a ring, and a sword of the deceased, and the clothes worn by him, belong to the eldest son. And if of the first three things, the deceased has left more than one - for example, if he has left two copies of the Qur'an, or two rings, the obligatory precaution is that his eldest son should make a compromise with the other heirs in respect of those things. The travel baggage, the gun, the dagger and other such weapons may also be included in the above list, but, as an obligatory precaution, the eldest son may compromise with other heirs in that regard.
2789. If the deceased has two eldest sons, for example, if his two sons are born of two wives at one and the same time - they should divide his clothes, Qur'an, ring and sword equally between themselves.
2790. If the deceased is indebted, and if his debt is equal to his estate or more, the four things which belong to the eldest son, as mentioned in the preceding rule, should be given by him for the settlement of the debt, or he should pay equal value from his own wealth. And if the debt is less than the estate, and if the debt cannot be set off by what remains of the estate after setting apart the four things for the eldest son, the eldest son should give those four things, or from his own wealth to set off the debt of the deceased. And if the balance is adequate to clear the debt fully, even then the eldest son should participate, as an obligatory precaution, to clear the debt as explained above. For example, if the entire estate of the deceased is US $60, and the articles given to the eldest son are worth $20, and the deceased has a debt worth $30, the eldest son will proportionally pay $10 from the four things he received from the deceased.
2791. A muslim inherits from a non-Muslim, but a non-Muslim does not inherit from a deceased Muslim, even if he be his father or son.
2792. If a person kills one of his relatives intentionally and unjustly, he does not inherit from him. But, if it was due to some error, for example, if he threw a stone in the air and by chance, it hit one of his relatives and killed him, he inherits from him. Nevertheless, it is a matter of Ishkal for him to inherit from the diyah (blood money) for the killing.
2793. Whenever it is proposed to divide the inheritance, as a precaution, the share equal to that of one son, should be set aside for a child who is in its mother's womb, expected to be a son, and would inherit if he is born alive (when it is expected that only one child will be born) and the remaining parts should be divided among the others heirs. In fact, even if the children in the womb are expected to be more than one, for example, if the woman is expected to give birth to twins or triplets, as a precaution, their shares should be set aside for them. And if, contrary to expectation, one boy or one girl was born, then other heirs should divide the surplus among themselves.

Vow and convenant

Vow and convenant » Introduction
2649. Vow means making it obligatory upon oneself to do some good act, or to refrain from doing an act which it is better not to do, for the sake of, or for the pleasure of Allah.
2650. While making a vow, a formula declaration has to be pronounced, though is not necessary that it should be in Arabic. If a person says: "When the patient recovers from his ailment, it will be obligatory upon me to pay $10 to a poor man, for the sake of Allah," his vow will be in order.
2651. It is necessary that the person making a vow is baligh and sane, and makes the vow with free will and intention. If he has been coerced to make a vow, or if he makes it owing to excitement, without any intention or choice, his vow is not in order.
2652. If a person who is feeble-minded, (i.e. one who squanders his property for useless purposes) makes a vow, for example, to give something to poor, his vow is not in order. Similarly, if a bankrupt person makes a vow to pay from the wealth over which he has no right of disposal or discretion, the vow will not be valid.
2653. If a husband disallows his wife to make a vow, her vow will not be valid, if that vow in any way violates the rights of the husband. Similarly, a wife making a vow to pay from her wealth, without her husband's permission, commits an act which is not free from Ishkal, except when the vow is for Hajj, Zakat, Sadaqa or for doing a good turn to her parents, or her blood relations.
2654. If a woman makes a vow with the permission of her husband, he cannot abrogate her vow, or restrain her from fulfiling her vow.
2655. If a child (son or daughter) makes a vow, with or without the permission of his/her father, he/she should fulfil his/her vow. However, if his/her father or mother disallows him/her to fulfil the vow, his/her vow is void, provided that the fulfilment of the vow does not have any priority.
2656. A person can make a vow only for an act which is possible for him to fulfil. If, for example, a person is not capable of travelling up to Karbala on foot, and he makes a vow that he will go there on foot, his vow will not be in order.
2657. If a person makes a vow that he will perform a haraam or makrooh act, or that he would refrain from a wajib or mustahab act, his vow is not valid.
2658. If a person makes a vow that he will perform or abandon a normal act, the performing or abandoning of which has equal merits, his vow is not in order. But if performing it is better in some respect, and a person makes a vow keeping that merit in view, for example, if he makes a vow that he will eat a certain food so as to gain strength for worshipping Allah, his vow will be in order. Also, if its renouncing is better in some respect, and the vow to renounce it is made with that intention, for example, if he finds smoking is harmful and makes a vow not to smoke, his vow is in order. However, at any time when he feels that smoking is not harmful for him, the vow will cancel by itself.
2659. If a person makes a vow, that he will offer his obligatory prayers at a place where offering does not inherently carry higher spiritual merits, for example, he makes a vow to offer his prayers in a certain room, his vow will be valid, only if, offering prayers there has some merit, like, being able to concentrate better due to solitude.
2660. If a person makes a vow to perform an act, he should perform it in strict accordance with his vow. If he makes a vow to give Sadaqa, or to fast on the first day of every month, or to offer prayers of the first of the month, if he performs these acts before that day or after, it will not suffice. Also, if he makes a vow that he will give Sadaqa when a patient recovers, but gives away before the recovery of the patient, it will not suffice.
2661. If a person makes a vow that he will fast, without specifying the time and the number of fasts, it will be sufficient if he observes one fast. And if he makes a vow that he will offer prayers, but does not specify its number and particulars, it will be sufficient if he offers a two rak'at prayers. And if he makes a vow that he will give Sadaqa, not specifying its nature or quantity, and he gives something which can be deemed as Sadaqa, his vow will be fulfilled. And if he simply makes a vow that he will act to please Almighty Allah, his vow will be fulfilled if he offers one prayers, or observes one fast, or gives away something by way of Sadaqa.
2662. If a person makes a vow that he will observe fast on a particular day, he should observe fast on that very day; and if he does not observe fast on that day intentionally, he should, besides observing the qadha for that fast, also give Kaffarah for it. And the Kaffarah applicable in this case is the one prescribed for violation of the Oaths, as will be mentioned later. However, travelling for him on that day is permissible, and he will not fast. Also, it is not obligatory upon him to make a niyyat for ten days so as to be able to fast. If a person who made the vow could not fast on the particular day because of being on a journey, illness, or in the case of a woman, being in the state of Haidh, or for any good excuse, then he will give only qadha of that fast, and there will be no Kaffarah.
2663. If a person, of his own choice and volition, violates his vow, he should give Kaffarah for it.
2664. If a person makes a vow to renounce an act for some specified time, he will be free to perform that act after that time has passed. But if he performs it before that time, due to forgetfulness, or helplessness, there is no liability on him. Even then, it will be necessary for him to refrain from that act for the remaining time, and if he repeats that act before it without any excuse, he must give Kaffarah for it.
2665. If a person makes a vow to renounce an act, without setting any time limit, and then performs that act because of forgetfulness, helplessness or carelessness, it is not obligatory for him to give a Kaffarah, but, after the first instance, if he repeats the act again at any time, voluntarily, he must give Kaffarah for it.
2666. If a person makes a vow that he/she will observe fast every week on a particular day, for example, on Friday, and if Eid ul Fitr or Eid ul Azha falls on one of the Fridays or an excuse like journey (or menses in the case of women) springs up for him/her, he/she should not observe fast on that day, but give its qadha.
2667. If a person makes a vow that he will give a specific amount as Sadaqa, and dies before having given it away, it is not necessary that that amount be deducted from his estate. It is better that the baligh heirs of the deceased give that amount as Sadaqa on his behalf, out of their own shares.
2668. If a person makes a vow that he will give Sadaqa to a particular poor, he cannot give it to another poor, and if that poor person dies, he should on the basis of recommended precaution, give the Sadaqa to his heirs.
2669. If a person makes a vow that he will perform the Ziyarat of a particular holy Imam, for example of Abu Abdillah Imam Husayn (A.S.) his going for the Ziyarat of another Imam will not be sufficient, and if he cannot perform the Ziyarat of that particular Imam because of any good excuse, nothing is obligatory on him.
2670. If a person has made a vow that he will go for Ziyarat, but has not included in his vow that he will do Ghusl or pray after the Ziyarat, it is not necessary for him to perform those acts.
2671. If a person makes a vow that he would spend some amount of money on the shrine of one of the Imams, or the descendants of the Imams, without having any particular project in mind, he should spend it on the repairs, lighting, carpeting etc. of the shrine.
2672. If a person makes a vow to use something in the name of Holy Imam himself, and has an intention to put it to a specific use, he should spend it for that very purpose. And if he has not made an intention to put it to any specific use, it is better that he should use it for a purpose which has some relationship with that Imam, for example, he should spend it on poor Zawwar of that Imam, or on the shrine of the Imam, like its repairs etc. or for such purposes which would glorify the memory of that Imam. The same rule applies in the case of the descendants of the Imams.
2673. If someone makes a vow that he would give a sheep as Sadaqa, or in the name of a Holy Imam, and if it gives milk, or gives birth to a young one, before it is put to use in accordance with the vow, the milk or the lamb will be the property of the person who made the vow, unless he had included them in his vow. And the growth of fat on the animal will be considered part of the vow.
2674. If a person makes a vow for an act, if a patient recovers or a traveller returns home, and if it transpires later that the patient had already recovered or the traveller had already returned before he had made the vow, it will not be necessary for him to fulfil his vow.
2675. If a father or a mother makes a vow that he/she will marry their daughter to a Sayyid, the option rests with the girl when she attains the age of puberty, and the vow made by the parents has no significance.
2676. When a person makes a covenant with Allah, that if his particular lawful need is fulfilled, he will perform a good act, it is necessary for him to fulfil the covenant. Similarly, if he makes a covenant without having any wish, that he will perform a good act, the performing of that act becomes obligatory upon him.
2677. As in the case of vow, a formal declaration should be pronounced in the case of covenant ('Ahd) as well. And it is commonly held that the covenant that one makes should be related to either acts of worship, like, obligatory or Mustahab prayers, or to acts whose performance is better than its renunciation. But this is not so. In fact, all covenants which fall within the category specified in rule no. 2680 related to oaths, are valid and ought to be fulfilled.
2678. If a person does not act according to the covenant made by him, he should give a Kaffarah for it, i.e. he should either feed sixty poor persons, or fast consecutively for two months, or set free a slave.
Vow and convenant » Rules regarding oath (Qasam)
2679. If a person takes an oath that he will perform an act (e.g. that he will fast) or will refrain from doing an act (e.g. that he will not smoke), but does not intentionally act according to his oath, he should give Kaffarah for it, which means he should set a slave free, or should fully feed ten indigent persons, or should provide them with clothes. And if he is not able to perform these acts, he should fast for three consecutive days.
2680. The conditions for validity of an oath are:
A person who takes an oath should be Baligh and sane, and should do so with free will and clear intention. Hence, an oath by a minor, an insane person, an intoxicated person, or by a person who has been coerced to take an oath, will not be in order. Similarly, if he takes an oath involuntarily, or unintentionally, in a state of excitement, the oath will be void.
An oath taken for the performance of an act which is haraam or makrooh, is not valid. Similarly, an oath for renouncing an act which is obligatory or Mustahab is also void. And if he takes an oath to perform a normal or usual act, it will be valid, if that act has any preference in the estimation of sensible people. Similarly, if he takes an oath for renouncing a usually permissible act, it will be valid if it is deemed more preferable than its performance, by the sensible people. In fact, in each case, his own judgement about the preferences will be enough to grant validity to the oath, even if other sensible people may not concur.
The oath must be sworn by one of those names of the Almighty Allah which are exclusively used for Him, (e.g. 'Allah'). And even if he swears by a name which is used for other beings also, but is used so extensively for Him, that when any person utters that name one is reminded of Him Alone, for example, if he swears by the name Khaliq (the Creator) and Raziq (the Bestower), the oath will be in order. In fact, if he uses other names or attributes of Allah, which do not remind of Him, but give that connotation when used during an oath, like Samee' (All Hearing) or Baseer (All Seeing), even then the oath will be valid.
The oath should be uttered in words, but a dumb person can take an oath by making a sign. Similarly, if a person is unable to utter the words, he may write down the oath, repeating in his mind the intention for it, that will be a valid oath, though as a precaution, he may confirm the oath in other ways as well.
It should be possible for him to act upon his oath. And if he was able to act upon the oath when he took it, but became incapable of acting upon it later, the oath becomes nullified from the time he became incapable of acting upon it, provided that he did not incapacitate himself purposely. And the same rule applies if acting upon one's vow, oath, or covenant, involves unbearable hardship.
2681. If the father forbids his son to take an oath, or the husband forbids his wife to take an oath, their oath is not valid.
2682. If a son takes an oath without the permission of his father, or a wife takes an oath without the permission of her husband, the father or the husband can nullify the oath.
2683. If a person does not act upon his oath because of forgetfulness, helplessness or heedlessness, he is not liable for Kaffarah. And the same rule applies, if he is forced not to act upon his oath. And if an obsessed person takes an oath like, if he says: "By Allah, I am going to offer prayers now at once," and then does not offer prayers owing to the whims haunting him, which renders him incapable of acting according to the oath it is not necessary for him to give Kaffarah.
2684. If a person swears to confirm that he is telling the truth, and if that is actually the truth, his taking of the oath is Makrooh; and if it is a lie, his taking of the oath is haraam. In fact, to make a false oath in the cases of dispute is a major sin. However, if a person takes a false oath in order to save himself, or another Muslim from the torture of an oppressor, there is no objection in it, in fact, at times it becomes obligatory. However, if a person can resort to 'Tauriyat' (dissimulation), that is, if at the time of taking an oath, he makes a vague, feigned utterance with no intention of resorting to falsehood, then it is better for him to do so. For example, if an oppressor or a tyrant who wants to harm someone asks him whether he has seen that person, and he had seen him an hour earlier, he would say that he has not seen him, meaning in his mind that he has not seen him during the last few minutes.
Vow and convenant » Rules Regarding Waqf
2685. If a person makes something Waqf, it ceases to be his property, and neither he nor anybody else can either gift it or sell it to any person. Also, no one can inherit anything out of it. There is, however, no harm in selling it in certain circumstances, as mentioned in rules nos. 2102 and 2103.
2686. It is not necessary to utter the formal declaration of Waqf in Arabic. If, for example, a person says: "I have waqfed this book for the students" it will be considered valid. In fact, Waqf is established by conduct as well. Therefore, if a person spreads a mat in a mosque with an intention of Waqf, or constructs a building having an appearance of a mosque, with an intention of giving it away as a mosque, the Waqf will be established. In the cases of public Waqfs, like a mosque, a madressah, any public utility, or Waqf for general poor or Sadat, it does not require anyone to make a formal acceptance. In fact, even private Waqf, like the one created for one's own children, do not require any reciprocal acceptance.
2687. If a person marks a property for Waqf, but regrets before actually making a Waqf, or dies, the Waqf is not considered as established.
2688. If a person Waqfs a property, he should make it a perpetual Waqf from the day he declares the Waqf. Therefore, if he says: "This property is Waqf after my death" the Waqf will not be valid, because it would not cover the period from the time of declaration till his death. Also, if he says: "This property will remain Waqf for ten years and will not be Waqf thereafter" or says: "It will be Waqf for ten years and thereafter it will not be Waqf for five years, and will become Waqf again after the expiry of that period", such a Waqf will not be valid.
2689. A private Waqf will be valid when the property which has been waqfed is given away, at the disposal of beneficiaries of the first category, or their representative or guardian. And, if a person Waqfs something upon his minor children, and looks after it on their behalf with the intention that it will become their property, the Waqf is in order.
2690. In the case of public Waqf like madressahs, mosques etc. it is not necessary that it be possessed by any gesture. The Waqf is established immediately upon its declaration as such.
2691. It is necessary that the person who makes a Waqf should be Baligh and sane, and should be doing so of his free will and niyyat. Also, he should have the right, according to Shariah, of disposal and discretion over his property. Based on this, feeble-minded person who squanders his wealth and is therefore debarred, cannot make a valid Waqf.
2692. If some property is made Waqf for an unborn child, it is a matter of Ishkal for that Waqf to be valid, and it is necessary to observe precaution in this case. But, if Waqf is created for some persons who are present at that time, and also for the persons who will be born later, even if they may not be in the womb of their mothers when the Waqf was made, it will be in order. For example, if a person Waqfs a property for his children and after them for his grandchildren, and for every succeeding generation to benefit from it, the Waqf is in order.
2693. If a person creates a Waqf for himself, for example, if he Waqfs a shop for himself so that its income may be spent for the construction of his tomb after his death, the Waqf is not in order. But, if, he creates a Waqf for the poor and later on, he himself becomes poor, he can benefit from the accruals of that Waqf.
2694. If a person appoints a Mutawalli (trustee) of the property waqfed by him, the trustee should act according to his instructions, but if he does not appoint a trustee and say, he has waqfed the property for a particular group, like, for his children, the discretion rests with them, and if they are not baligh, the discretion rests with their guardian. And the permission of the Mujtahid is not necessary for appropriating any benefit from the Waqf. But for any such steps taken to safeguard the interest of the Waqf, or the interest of future generations, like repairing or hiring it for the benefit of the future generation, permission from the Mujtahid is necessary.
2695. If a person Waqfs a property, for example, for the poor, or for the Sayyids, or he Waqfs it for charitable purposes, and does not appoint the trustee for the Waqf, the discretion with regard to that Waqf rests with the Mujtahid.
2696. If a person Waqfs a property for a particular group, like, his descendants, so that every generation should benefit from it successively, and to achieve that purpose, the trustee of the Waqf leases it out, and then dies, the lease will not become void. But, if the Waqf has no trustee, and one generation for whom the property has been waqfed, leases it out and they die during the currency of the lease, and the next generation does not endorse the lease, the lease becomes void; and if the lessee has given rent for the entire period, he is entitled to receive the refund of rent which covers a period from the time of their death till the end of the period of lease.
2697. If the Waqfed property is ruined, its position as Waqf is not affected, except when the Waqf is of a special nature, and that special feature ceases to exist. For example, if a person endows a garden and the garden is ruined, the Waqf becomes void and the garden reverts to the heirs of the person.
2698. If one part of a property has been waqfed and the other part is not, and the property is undivided, the Mujtahid, or the trustee of the Waqf, or the beneficiaries can divide the property and separate the Waqf part in consultation with the experts.
2699. If the trustee of Waqf acts dishonestly, and does not use its income for the special purposes, the Mujtahid should assign an honest person to act with the dishonest trustee in order to restrain him from acting dishonestly. And if this is not possible, the Mujtahid can replace him with an honest trustee.
2700. A carpet which has been waqfed in Husayniya (Imambargah) cannot be used in mosque for offering prayers, even if the mosque may be near the Husayniyah.
2701. If a property is waqfed for the maintenance of a mosque, and that mosque does not stand in need of repairs, and it is also not expected that it will need repairs for quite some time, and if it is not possible to collect and deposit the accrual till such time when it could be used for the repairs, then, as an obligatory precaution, the income should be used for the purposes which has nearest conformity with the intention of the one who waqfed it, like spending it in other needs of the same mosque, or for the repairs of any other mosque.
2702. If a person waqfs some property for the repairs of a mosque, and the Imam of the congregation, and the Mu'azzin, and if the quantity for each has been specified by the donor, it should be spent in the same manner. But if, it is not specified, the mosque should be repaired first, and if there is any balance, it should be distributed between the Imam of the congregation and Mu'azzin, by the trustee, as he deems fit and proper. But it is better that these two beneficiaries reach a compromise between them in respect of the distribution.

Slaughtering and hunting of animals

Slaughtering and hunting of animals » Introduction
2592. If an animal whose meat is halal to eat, is slaughtered in the manner which will be described later, irrespective of whether it is domesticated or not, its meat becomes halal and its body becomes Pak after it has died. But camels, fish and locust become halal without their heads being slaughtered, as will be explained later.
2593. If a wild animal like deer, partridge and wild goat whose meat is halal to eat, or a halal animal which was a domestic one but turned wild later, like, a cow or a camel which runs away and becomes wild, is hunted in accordance with the laws which will be explained later, it is Pak and halal to eat. But, a domestic animal like sheep and fowl whose meat is halal to eat, or tamed wild animal whose meat is halal to eat does not become Pak and halal by hunting.
2594. A wild animal whose meat is halal to eat becomes Pak and halal to eat by hunting if it is capable of running away or flying. Based on this, the young one of a deer which cannot run away, and the young one of a partridge which cannot fly, do not become Pak and halal to eat by hunting. And if a deer and its young one which cannot run are hunted with one bullet, the deer will be halal but its young one will be haraam to eat.
2595. If an animal like fish, whose meat is halal to eat and whose blood does not gush, dies a natural death, it is Pak but its meat cannot be eaten.
2596. The dead body of an animal whose meat is haraam to eat, and whose blood does not gush, like, a snake, is Pak but does not become halal by slaughtering.
2597. Dogs and pigs do not become Pak by slaughtering and hunting and it is also haraam to eat their meat. And if a flesh-eating animal like wolf and leopard is slaughtered in the manner which will be mentioned later, or is hunted by means of bullet etc. it is Pak, but its meat does not become halal for consumption. And if it is hunted down by a hunting dog, then its body cannot be considered as Pak.
2598. Elephant, bear, monkey are classified as predators. But the insects or the small animals who live in the holes, like, mice, lizards, if they have gushing blood, their meat and skin will not be considered Pak if they are slaughtered or hunted down.
2599. If a dead young is born from the body of a living animal, or is brought out of it, it is haraam to eat its meat.
Slaughtering and hunting of animals » Method of slaughtering animals
2600. The method of slaughtering an animal is that the four main arteries of its neck should be completely cut (jugular artery, foodpipe, jugular vein and windpipe). It is not sufficient to split open these arteries or to cut off the neck. And the cutting of these four main arteries becomes practical when the cutting takes place from below the knot of the throat.
2601. If a person cuts some of the four arteries and waits till the animal dies and then cuts the remaining arteries, it will be of no use. If the four arteries are cut before the animal dies, but the cutting was not continuous as is usually done, the animal is Pak and halal to eat. However, the recommended precaution is that they should be cut in continuous succession.
2602. If a wolf tears off the throat of a sheep in such a way that nothing remains of the four arteries which could be cut for slaughter, the sheep becomes haraam. Similarly, it will be haraam if nothing remains of its gullet. In fact, if its neck is torn open by the wolf leaving arteries connected with the head or the body, as a precaution, it will be haraam. But if the sheep is bitten on other part of the body, and it remains alive, it will be Pak and halal if slaughtered according to the rules which will be described later.
Slaughtering and hunting of animals » Conditions of slaughtering animals
2603. There are certain conditions for the slaughtering of an animal. They are as follows:-
A person, a man or a woman, who slaughters an animal must be a Muslim. An animal can also be slaughtered by a Muslim child who is mature enough to distinguish between good and bad, but not by non-Muslims other than Ahle Kitab, or a person belonging to those sects who are classified as Kafir, like, Nawasib - the enemies of Ahlul Bait (A.S.). In fact, even if Ahle Kitab non-Muslim slaughters an animal, as per precaution, it will not be halal, even if he utters 'Bismillah'.
The animal should be slaughtered with a weapon made of iron. However, if an implement made of iron is not available, it should be slaughtered with a sharp object like glass or stone, so that the four veins are severed, even if the slaughtering may not be necessary, like when the animal is on the verge of death.
When an animal is slaughtered, it should be facing Qibla. If the animal is sitting or standing, then facing Qibla would be like a man standing towards Qibla while praying. And if it is lying on its right or left side, then its neck and stomach should be facing Qibla. It is not necessary that its legs, hands and face be towards Qibla. If a person who knows the rule, purposely ignores placing the animal towards Qibla, the animal would become haraam; but if he forgets or does not know the rule, or makes a mistake in ascertaining the Qibla, or does not know the direction of Qibla, or is unable to turn the animal towards Qibla, there is no objection. As a recommended precaution, the person slaughtering should also face Qibla.
When a person wants to slaughter an animal, just as he makes the Niyyat to slaughter, he should utter the name of Allah, and it suffices if he says 'Bismillah' only, or if he utters 'Allah'. But if he utters the name of Allah without the intention of slaughtering the animal, the slaughtered animal does not become Pak and it is also haraam to eat its meat. And if he did not utter the name of Allah forgetfully, there is no objection.
The animal should show some movement after being slaughtered; at least it should move its eyes or tail or strike its foot on the ground.This law applies only when it is doubtful whether or not the animal was alive at the time of being slaughtered, otherwise it is not essential.
It is necessary that the blood should flow in normal quantity from the slaughtered animal. If someone blocks the vein, not allowing blood to flow out, or if the bleeding is less than normal, that animal will not be halal. But if the blood which flows is less because the animal bled profusely before the slaughter, there is no objection.
The animal should be slaughtered from its proper place of slaughtering; on the basis of recommended precaution, the neck should be cut from its front, and the knife should be used from the back of the neck.
2604. As a precaution, it is not permissible to sever the head of the animal from its body before it has died, though this would not make the animal haraam. But if the head gets severed because of sharpness of the knife, or not being attentive, there is no objection. Similarly, it is not permissible to slit open the neck and cut the spinal cord before the animal has died.
Slaughtering and hunting of animals » Method of slaughtering a camel
2605. If one wants to slaughter a camel so that it becomes Pak and halal after it has died, it is necessary to follow the above mentioned conditions for slaughter and then thrust a knife or any other sharp implement made of iron into the hollow between its neck and chest. It is better that the camel at that time is standing. But if it has knelt down, or if it is lying on its side with its face towards Qibla, the knife etc. can be thrust into the hollow of its neck for slaughtering.
2606. If a camel's head is cut instead of thrusting a knife into the depth of its neck, or if knife is thrust into the depth of the neck of a sheep or a cow etc. as is done in the case of a camel, it is haraam to eat their meat and their body is Najis. However, if the four arteries of the camel are cut first and a knife is then thrust into the depth of its neck, in the manner stated above, while it is still alive, it is halal to eat its meat and its body is Pak. Similarly, if a knife is first thrust into the depth of the neck of a cow, sheep etc. and then its head is cut while it is still alive, it is Pak and its meat is halal to eat.
2607. If an animal becomes unruly, and one cannot slaughter it in the manner prescribed by Shariah or, if, it falls down into a well and one feels that it will die there and it will not be possible to slaughter it according to Shariah, one should inflict a severe wound on any part of its body, so that it dies as a result of that wound. Then it becomes Pak and halal to eat. It will not be necessary that it should be facing Qibla at that time but it should fulfil all other conditions mentioned above regarding slaughtering of animals.
Slaughtering and hunting of animals » Mustahab acts while slaughtering animals
2608. The Fuqaha, may Allah bless them with His Pleasure, have enumerated certain Mustahab acts for slaughtering the animals:
While slaughtering the sheep (or a goat), both of its hands and one foot should be tied together and the other foot should be left free. As for a cow, its two hands and two feet should be tied and the tail should be left free. And in the case of a camel, if it is sitting, its two hands should be tied with each other from below up to its knees, or below its armpits, and its feet should be left free. And it is recommended that a bird should be left free after being slaughtered so that it may flap its wings and feathers.
Water should be placed before an animal before slaughtering it.
An animal should be slaughtered in such a way that it should suffer the least, that is, it should be swiftly slaughtered with a very sharp knife.
Slaughtering and hunting of animals » Makrooh acts
2609. In certain Traditions, the following have been enumerated as Makrooh acts while slaughtering the animals:
To slaughter an animal at a place where another animal of its own kind can see it.
To skin an animal before it has died.
To slaughter an animal on Friday night (i.e. the night preceding Friday), or on Friday before Zuhr. However, there is no harm in doing so in the case of necessity.
To slaughter an animal which someone has bred and reared himself.
Slaughtering and hunting of animals » Hunting with weapons
2610. If a halal wild animal is hunted with a weapon and it dies, it becomes halal and its body becomes Pak, if the following five conditions are fulfilled:
The weapon used for hunting should be able to cut through, like, a knife or a sword, or should be sharp like a spear or an arrow, so that due to its sharpness, it may tear the body of the animal. If an animal is hunted with a trap, or hit by a piece of wood or a stone, it does not become Pak, and it is haraam to eat its meat. And if an animal is hunted with a gun and its bullet is so fast that it pierces into the body of the animal and tears it up, the animal will be Pak and halal, but if the bullet is not fast enough and enters the body of the animal with pressure and kills, or burns its body with its heat, and the animal dies due to that heat, it is a matter of Ishkal to say that the animal is Pak or halal.
The hunter should be a Muslim or at least a Muslim child who can distinguish between good and bad. If a non-Muslim, other than Ahle Kitab, or from those sects like, Nawasib - enemies of Ahlul Bait (A.S.) who are classified as Kafir, hunts an animal, the animal is not halal. As a matter of precaution, an animal hunted by Ahle Kitab is also not halal, even if he may have uttered the name of Allah.
The hunter should aim the weapon for hunting the particular animal. Therefore, if a person takes an aim at some target, and kills an animal accidentally, that animal will not be Pak and it will be haraam to eat its meat.
While using the weapon the hunter should recite the name of Allah, and it is sufficient if he utters the name of Allah before the target is hit. But if he does not recite Allah's name intentionally, the animal does not become halal. There is, however, no harm if he fails to do so because of forgetfulness.
The animal will be haraam if the hunter reaches it when it is already dead, or, even if it is alive, he has no time left to slaughter it. And if he has enough time to slaughter it and he does not slaughter it till it dies, it will be haraam.
2611. If two persons jointly hunt an animal and if one of them fulfils the requisites while the other does not, like, if one of them utters the name of Allah whereas the other does not do so intentionally, that animal is not halal.
2612. If an animal is shot with an arrow and, if it falls into water and a person knows that the animal has died because of being shot with an arrow, and falling into water, it will not be halal. In fact, if he is not sure that the animal has died only because of being shot with an arrow, it is not halal.
2613. If a person hunts an animal employing a usurped dog or a usurped weapon, the hunted animal is halal and becomes his property. However, besides the fact that he has committed a sin he should pay the hiring charges for the weapon or dog to its owner.
2614. If a person using weapons like a sword, cuts off some limbs of animal while hunting, those cut off limbs will be haraam. But if that animal is slaughtered according to the conditions of rule no. 2610, the remaining part of its body will be halal. But if the weapon with the aforesaid conditions cuts the animal into two parts, with head and neck on one part, and the hunter reaches the animal when it is dead, both the parts will be halal. And the same rule applies if the animal is alive at that time, but there is not enough time to slaughter it. However, if there is time for slaughtering it, and it is possible that the animal may live for some time, the part which does not contain head and neck is halal if the animal is slaughtered according to the rules prescribed by Shariah, otherwise that part, too, will be haraam.
2615. If an animal is cut into two parts with a stick or a stone, or another implement with which hunting is not proper, the part which does not contain the head and the neck will be haraam. As for the part which contains the head and neck, if the animal is alive and it is possible that it may live for some time, and it is slaughtered in accordance with the rules prescribed by Shariah, that part is halal, otherwise that part too, will be haraam.
2616. If an animal is hunted or slaughtered and its young one, which is alive, is taken out of its body, that young one will be halal if it is slaughtered in accordance with Shariah, otherwise it will be haraam.
2617. If an animal is hunted or slaughtered, and its dead young one is brought out of its body, it will be Pak and halal if it had not died before the mother was killed, or it should not have died because of delay in bringing it out from the mother's womb, and provided it is fully developed, with hair or wool grown on its body.
Slaughtering and hunting of animals » Hunting with a retriever (hunting dog)
2618. If a retriever hunts a wild animal whose meat is halal to eat, the following six conditions should be fulfilled for its being Pak and halal:
The dog should be trained in such a way that when commanded to catch the prey, it goes and when restrained from going, it stops. But if it does not stop after having come closer to the hunted animal and seen it, there is no harm. And it is necessary that it should have a habit of not eating anything of the prey till its master arrives. In fact, if it has the habit of eating bit of the prey before the master arrives, or drinking its blood, there is no objection.
It should have been directed by its master. If it hunts of its own accord and preys upon an animal, it is haraam to eat the meat of that animal. In fact, if it follows a prey of its own accord, and later its master calls out to encourage it to reach the prey faster, even if it may quicken its pace because of its master's cry, eating the meat of that prey should be avoided, on the basis of obligatory precaution.
The person who sends the dog for hunt should be a Muslim, with all the conditions already mentioned in the rules concerning hunting with the weapon.
The hunter should utter the name of Allah at the time of sending the dog. If he purposely does not utter the name of Allah, the prey is haraam. But if he forgets to utter the name of Allah there is no harm in it.
The prey should die as a result of the wound inflicted by the dog's teeth. Therefore, if the dog suffocates the prey to death, or the prey dies because of running or fear, it is not halal.
The hunter who sends the dog should reach the spot when the animal is dead, or if it is alive, there should not be enough time to slaughter it. But if he reaches there when there is enough time to slaughter it, yet he does not slaughter it, allowing it to die itself, the prey is not halal.
2619. When a person who sends the dog reaches the prey when he can slaughter the animal, but the animal dies while he is preparing for the slaughter, like, the delay in taking out the knife, the animal is halal. However, if he does not have anything with which he can slaughter the animal, and it dies, it does not become halal, but if he releases the animal so that the dog may kill it, it will become halal.
2620. If a person sends several dogs, and they jointly hunt an animal, and if all of them satisfy the conditions mentioned in rule 2618, the prey is halal, but if any one of them does not fulfil those conditions, the prey is haraam.
2621. If a person sends a dog for hunting an animal and that dog hunts another animal, the prey is halal and Pak, and if it hunts another animal along with that animal (which it was sent to hunt), both of them are halal and Pak.
2622. If several persons send a dog jointly and one of them does not utter the name of Allah intentionally, that prey is haraam. Also, if one of the dogs sent is not trained in the manner mentioned in rule 2618, the prey is haraam.
2623. If a hawk or an animal besides the hunting dog hunts an animal, the prey is not halal. However, if a person reaches the prey when it is alive, and slaughters it in the manner prescribed by Shariah, it is halal.
Slaughtering and hunting of animals » Hunting of fish and locust
2624. If a fish with scales is caught alive from water, and it dies thereafter, it is Pak and it is halal to eat it, even if the scales are shed off later due to some reasons. And if it dies in the water, it is Pak, but it is haraam to eat it. However, it is lawful to eat it if it dies in the net of the fisherman. A fish which has no scales is haraam even if it is brought alive from water and dies out of water.
2625. If a fish falls out of water or a wave throws it out, or the water recedes and the fish remains on dry ground, if some one catches it with his hand or by some other means before it dies, it will be halal to eat it after it dies.
2626. It is not necessary that a person catching a fish should be a Muslim or should utter the name of Allah while catching it. It is, however, necessary that a Muslim should have seen or ascertained that the fish was brought alive from the water, or that it died in the net in water.
2627. If a dead fish about which it is not known whether it was caught from water alive or dead, is bought of a Muslim, it is halal, but if it is bought of a non-Muslim it is haraam even if he claims that he has brought it alive from the water; except when a man feels satisfied that the fish was brought alive from the water or that it died in the net in the water.
2628. It is halal to eat a live fish but it is better to avoid eating it.
2629. If a fish is roasted alive, or is killed out of water before it died itself, it is halal to eat it, but it is better to avoid eating it.
2630. If a fish is cut into two parts out of water, and one part of it falls into water while it is alive, it is halal to eat the part which has remained out of water, and the recommended precaution is that one should refrain from eating it.
2631. If a locust is caught alive by hand or by any other contrivance, it will be halal after it dies, and it is not necessary that the person catching it should be a Muslim, or should have uttered the name of Allah while catching it. But, if a non-Muslim is holding a dead locust in his hand, and it is not known whether or not he caught it alive, it will be haraam even if he claims that he had caught it alive.
2632. To eat the locust which has not yet developed its wings and cannot fly, is haraam.
Slaughtering and hunting of animals » Rules of things allowed to eat and drink
2633. All birds, like eagle, vultures and wild falcons having a claw and talon, are haraam to eat. And all such birds whose gliding is more than flapping the wings, and have talons, are also haraam to eat. Those whose flapping of the wings while flying, is more than gliding, are halal to eat. Thus, one can identify halal birds from haraam ones by observing how they fly. And if the style of any bird's flight cannot be determined, that bird will be considered halal for eating, if it has a crop or a gizzard or a spur on the back of its feet. In the absence of all these, the bird will be haraam. As an obligatory precaution, one should refrain from eating the meat of all types of crows. Other birds like the hens, the pigeons, the sparrows including the ostrich and the peacock are halal to eat, but it is Makrooh to kill birds like swallows and hoopoes. And the animals which fly, but are not classified as winged birds, like the bats, are haraam; similarly, the bees, the mosquitoes, and other flying insects are, as an obligatory precaution, haraam.
2634. If a part which possesses life is removed from the body of a living animal, for example, if the fatty tail or some flesh is removed from the body of a living sheep, it is najis and haraam to eat.
2635. Certain parts of the halal animals are haraam to eat. They are fourteen:
Blood
Excrement
& 4. Male and female genitals
Womb
Glands
Testicles
Pituitary gland, a ductless gland in the brain
The marrow which is in the spinal cord
The two wide (yellow) nerves which are on both sides of the spinal cord, (as an obligatory precaution).
Gall bladder
Spleen
Urinary bladder
Eye balls
These parts are haraam in all halal animals other than the birds. As for the birds, their blood and excrement is definitely haraam, and apart from these two, the parts enumerated in the above list are haraam, as a measure of precaution.
2636. It is haraam to drink the urine of all haraam animals, and also of those whose meat is halal to eat, including, as an obligatory precaution, that of a camel. However, the urine of a camel, a cow or a sheep can be consumed, if recommended for any medical treatment.
2637. It is haraam to eat earth and also sand, as an obligatory precaution. However, there is no harm in taking Daghistsan or Armenian clay as a medicine if there be no alternative. It is also permissible to take a small quantity of the clay of the Shrine of Imam Husayn (usually called Turbatul Husayn) for the purpose of cure for illness. But it is better to dissolve a small quantity of Turbatul Husayn in water and then drink it.
2638. It is not haraam to swallow the mucus (liquid running from the nose) and phlegm which may have come in one's mouth. Also, there is no objection in swallowing the food which comes out from between the teeth at the time of tooth picking.
2639. It is haraam to eat an absolutely harmful thing, or anything which may cause death.
2640. It is Makrooh to eat the meat of a horse, a mule or a donkey. If a person has sexual intercourse with them those animals become haraam, and as a precaution, their offspring become haraam also, and their urine and dung become Najis. Such animals should be taken out of the city and should be sold at some other place. And as for the person who committed the sexual intercourse with the animal, it will be necessary to give its price to the owner. Similarly, if a person commits sexual intercourse with an animal like cow and sheep, the meat of which it is lawful to eat, its urine and excrement become Najis, and it is also haraam to eat their meat, and to drink their milk. As a precaution, same will be the case with their offsprings. Such an animal should be instantly killed and burnt, and one, who has had sexual intercourse with the animal should pay its price to its owner.
2641. If the kid of a goat or a lamb sucks the milk of a female pig to such an extent that its flesh and bones grow from it and gain strength, itself and its offspring become haraam, and if the quantity of milk sucked by it is less, it will be necessary that it is confined (Istibra) as prescribed in Shariah and thereafter, it becomes halal. And its Istibra is that it should suck Pak milk for seven days, or if it does not need milk, it should graze grass for seven days. As an obligatory precaution, this law applies to the calves, and all the young ones of halal animals. Also, it is haraam to eat the meat of an animal which eats najasat and it becomes halal when its Istibra is fulfilled. The manner of observing Istibra has been explained in rule 226.
2642. Drinking alcoholic beverage is haraam, and in some traditions (Ahadith), it has been declared as among the greatest sins. Imam Ja'far Sadiq (A.S.) says: "Alcohol is the root of all evils and sins. A person who drinks alcohol loses his sanity. At that time, he does not know Allah, does not fear committing any sin, respects the rights of no one, and does not desist from committing evil openly. The spirit of faith and piety departs from him and only the impure and vicious spirit, which is far off from the Mercy of Allah, remains in his body. Allah, His angels, His prophets and the true believers curse such a man, and his daily prayers are not accepted for forty days. On the Day of Judgement his face will be dark, and his tongue will come out of his mouth, the saliva will fall on his chest and he will desperately complain of thirst".
2643. To eat at a table at which people are drinking alcohol is haraam and similarly, to sit at that table where people are drinking alcohol is haraam, as a precaution, if one would be reckoned among them.
2644. It is obligatory upon every Muslim to save the life of a Muslim, who may be dying of hunger or thirst, by providing him enough to eat or drink.
Slaughtering and hunting of animals » Eating manners
2645. There are certain Mustahab rules to be observed while taking a meal; they are as follows:
Washing both the hands before taking a meal.
After taking a meal, one should wash one's hands, and dry them with a dry cloth.
The host should begin eating first, and should also be the last to withdraw his hand. Before starting to take a meal, the host should wash his own hands first, and thereafter, the person sitting on his right should do so. Then the other guests should follow him, till it is the turn of the person sitting on the left side of the host. After finishing the meal, the person sitting on the left side of the host should wash his hands first, and thereafter other persons should follow him till it is the turn of the host.
One should say Bismillah before starting to eat, and if there are several dishes, it is Mustahab to say Bismillah before partaking of each of the dishes.
One should eat with one's right hand.
One should eat using three or more fingers and should not eat with two fingers only.
If several persons are sitting together for their meals, everyone of them should partake of the food placed in front of him.
One should take small bits of food.
One should prolong the duration of taking a meal.
One should chew the food thoroughly.
After taking one's meal one should praise and thank Allah.
One should lick one's fingers clean after taking food.
One should use a toothpick after taking a meal. However, the toothpick should not be made of sweet basil (a fragrant grass) or the leaves of date-palm.
One should collect and eat the food which is scattered on the dining cloth. However, if one takes meal in an open place, like a desert etc, it is better to leave the food which has fallen aside, so that it may be eaten by the animals and the birds.
One should take one's meal in the earlier part of the day, and in the earlier part of the night and should not eat during the day or during the night.
After taking one's meal one should lie on one's back, and should place one's right foot on one's left foot.
One should take salt before and after the meal.
When eating a fruit, one should first wash it before eating.
Slaughtering and hunting of animals » Acts which are unworthy to do while taking a meal
2646.
To eat without being hungry.
To eat to one's fill. It has been reported in the Hadeeth that over-eating is the worst thing in the eyes of Allah.
To gaze towards others while eating.
To eat food while it is still hot.
To blow on food or drink which one is eating or drinking.
To wait expectantly for something more after the bread or loaf has been served on the dining cloth.
To cut the loaf with a knife.
To place the loaf under the food pots or plates etc.
To scrape off meat stuck to a bone in such a manner that nothing remains on it.
To peel those fruits which are normally eaten with their skin.
To throw away a fruit before one has eaten it fully.
Slaughtering and hunting of animals » Manners of drinking water
2647. There are certain acts which are Mustahab while drinking water; they are as follows:
Water should be drunk slowly as if it were sucked.
During daytime, one should drink water while standing.
One should say Bismillah, before drinking water and Al-hamdulillah after drinking.
One should drink water in three sips.
One should drink water when one feels thirsty.
After drinking water, one should remember Imam Husayn (A.S.) and his Ahlul Bayt (A.S.), and curse the enemies who slew him.
2648. It is unworthy to drink too much water; to drink water after eating fatty food; and to drink water while standing during the night. It is also unworthy to drink water with one's left hand; to drink water from the side of a container which is cracked or chipped off, or from the side of its handle.