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37. Will (Waṣiyyah)

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  • Ruling 2731

    If a testator dies, his executor cannot appoint another person to execute the will and excuse himself from doing it. However, if the executor knows that the testator did not intend for him to perform the task himself …

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  • Ruling 2732

    If a person appoints two individuals as his executors and one of them dies, or becomes insane or a disbeliever (kāfir), then, if it can be understood from the wording of the will that in such a situation …

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  • Ruling 2733

    If an executor cannot carry out the will of the deceased by himself, albeit by appointing an agent or hiring someone, a fully qualified jurist will appoint another person to assist him.

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  • Ruling 2734

    If some of the deceased’s estate perishes in the possession of the executor, in the event that he was negligent in safeguarding it or he was excessive – for example, the testator had specified that a particular amount …

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  • Ruling 2735

    If a person appoints someone as his executor and says, ‘Should this executor die, so-and-so is to be my executor’, then after the first executor dies, the second executor must execute the will.

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  • Ruling 2736

    Hajj that had become obligatory on a deceased person on account of him being able (mustaṭīʿ)6 to perform it, and the debts and religious dues that are obligatory to pay – such as khums, zakat, and maẓālim – …

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  • Ruling 2737

    If the deceased’s estate exceeds the amount required to pay for his debts, his obligatory hajj, and his obligatory religious dues like khums, zakat, and maẓālim, then, in the event that he has made a will that the …

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  • Ruling 2738

    If the dispensation specified by a testator is more than one-third of his estate, his will with regard to the amount exceeding one-third will be valid only if his heirs give permission by words or action; heartfelt consent …

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  • Ruling 2739

    If the dispensation specified by a testator is more than one-third of his estate and his heirs give permission for it, they cannot retract their permission. If during the lifetime of the testator they deny permission, they can …

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  • Ruling 2740

    If a person makes a will that his khums, zakat, or other debts must be paid from the one-third of his estate and that someone should be hired to perform his lapsed prayers and fasts and recommended acts …

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