Al-Kafi 13499

Translation

Ali Bin Ibrahim, from his father and Muhammad Bin Yahya, from Ahmad Bin Muhammad, and a number of our companions, from Sahl Bin Ziyad, altogether from Al Hassan Bin Mahboub, from Hisham Bin Salim, from Malik Bin Ayn, (It has been narrated) from Abu Ja’far^asws, said, ‘I asked him^asws about a Christian who died and for him was a son of his Muslim brother, and a son of a Muslim sister, and for the Christian were children and a Christian wife. So he^asws said: ‘I^asws see that you should give the son of his brother two-thirds of what is left (as legacy), and give the son of his sister a third of what is left, if there does not happen to be young children for him. So if there were small children for him, so it would be upon the two inheritors that they should spent upon the small children from what they both had inherited from their father, until they mature’. It was said to him^asws, ‘How should the two of them be spending?’ So he^asws said: ‘The inheritor of the two thirds of the inheritance should take out two thirds of the expenses, and the inheritor of the one-third of the inheritance should take out a one-third of the expenses about them’. It was said to him^asws, so if the children become Muslim and they are still young?’ So he^asws said: ‘Hand over to the Imam^asws whatever their father had left until they grow up. So if they remain upon Al-Islam, the Imam^asws hands over their inheritance to them, but if they do not remain upon Al-Islam when they mature, the Imam^asws hands over their inheritance to the son of his brother, and the son of his sister, the two Muslim. To the son of the brother two-thirds would be handed over, and to the son of the sister, a one-third of whatever was left (as legacy)’.

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