Chapter on Bequests Made Through Writing and Gestures

Hadith.5454 - Abd Al-Ṣamad ibn Muhammad narrated from Hanan ibn Sadir from his father, from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir (as), who said: "I entered upon Muhammad ibn Ali ibn Al-Hanafiyya, and his tongue had become paralyzed. I instructed him to make his will, but he did not respond. So, I ordered a basin to be brought and filled it with sand. I said to him, 'Write with your hand,' and he wrote his will in the sand with his hand, and I copied it onto a scroll."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.5455 - Muhammad ibn Ahmad Al-Ashari narrated from Al-Sindi ibn Muhammad from Yunus ibn Yaʿqub from Abu Maryam, who narrated from his father: Umamah bint Abi Al-Aṣ - whose mother was Zaynab, the daughter of the Messenger of Allah (swt) (peace be upon him and his family) - was married to Imam Ali ibn Abi Ṭalib (as) after Sayyida Faṭimah {s.a} (passed away). After the martyrdom of Imam Ali ibn Abi Talib (as), Al-Mughirah ibn Al-Nawfal married her. It was narrated that she became severely ill until her tongue became paralyzed. Imam Hasan ibn Ali (as) and Imam Hussain ibn Ali (as), the sons of Imam Ali ibn Abi Talib (as), came to her while she was unable to speak. They (as) began asking her, while Al-Mughirah disapproved. They (as) asked: "Did you emancipate so-and-so and his family?" She nodded her head in agreement. They (as) continued: "And this and that?" She again nodded her head in affirmation but could not speak clearly. Her gestures were accepted as valid in confirming her wishes.

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.5456 - It was narrated from Ibrahim ibn Muhammad Al-Hamadhani, who said: I wrote to Abu Al-Hasan Imam Ali ibn Abi Talib (as) regarding a man who wrote something in his own handwriting but did not tell his heirs, "This is my will," nor did he say, "I have made a will." However, he wrote a document that contained what he intended to bequeath. I asked whether it was obligatory for his heirs to fulfill what was written in his handwriting, even though he did not command them to do so. Abu Al-Hasan (as) replied: "If he had children, they must carry out everything they find written in their father's document, whether it pertains to acts of righteousness or anything else."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.