مُكَاتَبٍ كَانَتْ تَحْتَهُ امْرَأَةٌ حُرَّةٌ فَأَوْصَتْ لَهُ عِنْدَ مَوْتِهَا بِوَصِيَّةٍ فَقَالَ أَهْلُ الْمِيرَاثِ لَا نُجِيزُ وَصِيَّتَهَا لَهُ إِنَّهُ مُكَاتَبٌ لَمْ يُعْتَقْ وَ لَا يَرِثُ فَقَضَى بِأَنَّهُ يَرِثُ بِحِسَابِ مَا أُعْتِقَ مِنْهُ وَ يَجُوزُ لَهُ مِنَ الْوَصِيَّةِ بِحِسَابِ مَا أُعْتِقَ مِنْهُ وَ قَضَى ( عليه السلام ) فِي مُكَاتَبٍ أُوصِيَ لَهُ بِوَصِيَّةٍ وَ قَدْ قَضَى نِصْفَ مَا عَلَيْهِ فَأَجَازَ نِصْفَ الْوَصِيَّةِ وَ قَضَى ( عليه السلام ) فِي مُكَاتَبٍ قَضَى رُبُعَ مَا عَلَيْهِ فَأُوصِيَ لَهُ بِوَصِيَّةٍ فَأَجَازَ رُبُعَ الْوَصِيَّةِ وَ قَالَ ( عليه السلام ) فِي رَجُلٍ حُرٍّ أَوْصَى لِمُكَاتَبَةٍ وَ قَدْ قَضَتْ سُدُسَ مَا كَانَ عَلَيْهَا فَأَجَازَ لَهَا بِحِسَابِ مَا أُعْتِقَ مِنْهَا .
Translation
Ali Bin Ibrahim, from his father, from Ibn Abu Najran, from Aasim Bin Hameed, from Muhammad Bin Qays, (It has been narrated) from Abu Ja’far<sup>asws</sup> regarding a contracted one under who was a free woman. So she bequeathed to him, during her death, with a bequest. So the inheritors said, ‘We do not allow her bequest to him. He is a contracted one and has not been liberated, and he does not inherit. So he<sup>asws</sup> judged that he would inherit by the accounting of what he is liberated from it, and it would be allowed for him from the bequest with the accounting of what he had been freed from it (the contract)’. And he<sup>asws</sup> judged regard a contracted to who had been bequeathed with a bequest, and he had fulfilled half of what was upon him. So half the bequest would be allowed. And he<sup>asws</sup> judged regarding a contracted one who had fulfilled a quarter of what was upon him, so he was bequeathed to with a bequest, so he was allowed a quarter of the bequest. And he<sup>asws</sup> said regarding a free man who had bequeathed to a contracted woman, and he had fulfilled a sixth of what was upon him, so he allowed for her by the accounting of what she was free from it (the contract)’.
Compiled by Shaykh Muhammad ibn Ya'qub al-Kulayni
Source
License: Free for educational and research use (Thaqalayn Data API)
Provided for research and educational purposes. Original source: Thaqalayn Project. Open License.