Chapter on One Who Does Not Make a Bequest While Having Heirs, if His Estate Divided Among Them or Sold for Their Benefit

Hadith.5511 - Zur'ah narrated from Sama'ah, who said: I asked Imam (as) about a man who died and left behind sons and daughters, both young and old, without leaving a will. He also had servants, slaves, and jewelry. How should the heirs divide that inheritance? Imam (as) said: "If a trustworthy man undertakes the division of all that among them, then there is no harm in it."

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

Hadith.5512 - Al-Hasan ibn Mahbub narrated from Ali ibn Ri'ab, who said: I asked Abu Al-Hasan Imam Musa ibn Jafar Al-Kadhim (as), about a man related to me who died and left behind young children and male and female slaves. He did not leave a will. What is your opinion regarding someone who buys a female slave from them and takes her as an umm walad (a concubine who bears a child)? And what is your opinion on selling them? Imam (as) said: "If they have a guardian who manages their affairs, sells on their behalf, and looks after their interests, then he will be rewarded for it." I said: "What do you say about someone who buys a female slave from them and takes her as an umm walad?" Imam (as) said: "There is no harm in that if the guardian responsible for their welfare sells to him, considering what is in their best interest. They have no right to revoke what the guardian, acting in their best interest, has done."

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