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37. Will (Waṣiyyah)

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  • Ruling 2711

    A will is an instruction by a person for certain tasks to be performed for him after his death. In a will, a person states that after his death something from his property is to be owned by …

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  • Ruling 2712

    If a person who is unable to speak conveys his intentions by indicating, he can make a will for any task. In fact, a will made by a person who is able to speak but who conveys his …

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  • Ruling 2713

    If a document is found with the signature or seal of the deceased, in the event that there are contextual indicators that make it appear to be the deceased’s will, it must be acted upon.

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  • Ruling 2714

    A testator (mūṣī) [i.e. a person who makes a will] must be of the age of legal responsibility (bāligh) and sane (ʿāqil); he must not be foolish with finances (safīh)1 and he must voluntarily make the will. Therefore, …

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  • Ruling 2715

    If a person injures himself with the intention of committing suicide or consumes deadly poison and then makes a will for part of his estate to be spent in a particular way and he then dies, his will …

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  • Ruling 2716

    If a person makes a will that something from his property is to be owned by someone, and if the latter accepts the will – irrespective of whether he accepts it during the lifetime of the testator or …

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  • Ruling 2717

    Whenever a person notices the signs of his approaching death, he must immediately return those things that he was holding on trust (amānah) to their owners, or he must inform them as per the details mentioned in Ruling …

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  • Ruling 2718

    If a person who notices the signs of his approaching death owes the one-fifth tax (khums), alms tax (zakat), or maẓālim3 but is unable to pay it at present, in the event that he has sufficient wealth to …

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  • Ruling 2719

    If a person notices the signs of his approaching death and has lapsed (qaḍāʾ) prayers (ṣalāh) and fasts (ṣawm), he must make arrangements such that he is confident that they will be made up on his behalf after …

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  • Ruling 2720

    If a person who notices the signs of his approaching death has kept some property with someone, or he has hidden it in a place not known to his heirs, the obligatory precaution (al‐iḥtiyāṭ al‐wājib) is that he …

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