مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٥٨٠ - ORDERS REGARDING WILL (WASIYYAT)
of the ١/٣ of his property, and if something remains a person should be
hired to perform his lapsed prayers and fasts, and if something still
remains it should be spent on the recommended acts specified by him. In
easel however. ١/٣ of his property is sufficient only for the payment of
his debts, and his heirs, too, do not permit that anything more than
the ١/٣ of his property should be spent, his Will in respect of prayers,
fasts, and recommended acts is void.
٢٧٣٣. If a person makes a Will that his debt
should be paid and someone should be hired for the performance of his
lapsed prayers and fasts, and a recommended actshould also be performed,
but has not made a Will that the expenses for those acts should be met
out of the ١/٣ of his property, his debt should be paid out of his
ownproperty, and if anything remains ١/٣ of it should be spent on
prayers and fasts and recommended acts specified by him. And in case ١/٣
is not sufficient, and his heirspermit his Will should be acted upon,
and ii they do not permit, the expenses of prayers and fasts should be
met out of the ١/٣ of his property and if anything remains itshould be
spent on the recommended acts specified by him.
٢٧٣٤. If a person says that the dead person has
made a Will that so much amount should be given to him, and two just men
confirm his statement, or he takes an oathand one just man also
confirms his statement, or one just man and two just women, or four just
women bear witness to what he says, the amount stated by him should be
given tohim. And if one just woman bears witness. ١/٤ of the amount
demanded by him should be given to him, and ii two just women bear
witness ١/٢ of that amount, and if three justwomen bear witness ٣/٤ of
it should be given to him. Furthermore, if two infidel men from amongst
the people of the Book, who are just in their own religion, confirm
hisstatement, and in case the dead person was obliged to make a Will and
no just man and woman was present