Chapter on the Beneficiary of a Bequest Dying Before the Testator or Before Receiving What Was Bequeathed to Him

Hadith.5488 - Amr ibn Sa'id Al-Mada'ini narrated from Muhammad ibn Umar Al-Sabati who said: I asked Abu Ja'far Al-Thani (as), (the second (as)), about a man who had appointed me as his executor and instructed to give something to his uncle every year. The uncle then passed away. Abu Jafar (as) wrote in response: "Give it to his heirs."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5489 - Asim ibn Humaid narrated from Muhammad ibn Qays from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir (as) who said: "Commander of the Faithful (as) ruled concerning a man who made a bequest to another, but the person to whom the bequest was made was absent and died before the one who made the bequest. Imam (as) said: 'The bequest is for the heir of the one to whom it was made.' Imam (as) also said: 'Whoever makes a bequest to someone, whether present or absent, and the beneficiary dies before the one who made the bequest, then the bequest goes to the heir of the beneficiary, unless the testator revokes the bequest before his own death.'"

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5490 - Al-Abbas ibn Amir narrated from Muthanna who said: I asked Imam (as) about a man for whom a bequest was made, but he died before receiving it and left no offspring. Imam (as) said: "Seek an heir or his mawla (guardian) and give it to him." I asked: "What if no heir is known?" Imam (as) replied: "Exert yourself in searching for an heir for him, and if you cannot find one and Allah (swt), the Exalted, knows of your sincere effort, then give it in charity."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.