Al-Kafi 13283

Translation

Muhammad Bin Yahya and someone else, from Ahmad Bin Muhammad Bin Isa, from Ismail Bin Sa’ad Al Ashary who said, ‘I asked Al-Reza^asws about a man who died intestate (without leaving a will) and left children, male and female, and young boys, and left slave girls and slaves. Is it permissible to evaluate and sell the slave girls?’ He^asws said: ‘Yes’. And I (asked) about the men who accompanied the man in his journey, so there befell the event of death, and he had not made the bequest. How should he deal with his provision, and for him (the deceased) were children, young and old. Is it allowed that he hands over his provisions and his animals to his children, the grown-up ones, or to the judge? So if there was no judge in his city, how should he deal with it, and if he was to hand over the wealth to his grown-up sons, and does not tell them (young ones), so he goes away, and is not able upon returning, how should he deal with it’. He^asws said: ‘When the young ones become aware (adults) and seek him, but they do not find him, it is inevitable from taking it out except if there happens to be the order of the authorities’. And about the man who died intestate (without leaving a will), and for him are inheritors, young and old, is it Permissible to buy his servants and his provisions without there being a ruling or a judge who sells that. So if the judge rules being pleased with it, and the Caliph does not instruct, is the buying from it, good or not?’ So he^asws said: ‘If the grown-ups from his children are with him (the executor) during the sale, so there is no problem, if the (rest) of the inheritors are happy with the sale, and a just price is established with regards to that’.

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