Rule (1002) The bequeathed must have lawful and reasonable benefits, regardless, it is an existing substance or non-existing which is expected to exist like the unborn young of animals or the benefits of an existing substance or not existing but is expected to exist, or a right which could be transferred like the right of reservation etc., not like one's right of accusing (of adultery) etc., which cannot be transferred to the person in whose favor a will is made, the beneficiary of the will.

Rule (1003) If one makes a will to give some wine for example to 'A', a wine which could be turned into vinegar or that which is benefited from but not as drink or the will is about tools of useless activities, if they could be used in lawful manner like after changing them for example, the will is valid.

Rule (1004) The bequeathed property must not be more than one third of the legacy, otherwise, for the excess amount it is not valid unless the heirs allow, if some allow and some don't it is effective for the share of those who allow it, if they all allow in some of the bequeathed but not in others it is valid in what is permitted and void in what is not permitted.

Rule (1005) There are no difficulties if permission is given by heirs for more than one third after the death of the testator but about giving such permission during the life time of the legator there are two views; according to the stronger one such permission is good.

Rule (1006) Those of the heirs who have given such permission cannot change their mind during the life time of the testator nor after his death, likewise, is disallowing after giving permission.

Rule (1007) The will is effective whether it takes place during one's illness or when he is well, the heirs are poor or rich.

Rule (1008) It is not necessary for the effectiveness of a will that the testator decide it to be taken out of the 1/3 of the legacy which is permitted in Shari'a, if it is done without such decision and it is equal or less than 1/3 it is valid.

Rule (1009) If one bequeaths one third of his legacy and then bequeaths something intending it to be from the two thirds of the heirs, if they permit the second will is also valid, otherwise, it is void.

Rule (1010) If one bequeaths a substance and intends it to be out of the whole legacy, the will is effective for its one third, and other 2/3 depends on the permission of heirs like if he says my horse is for 'A' and one third of the rest of my legacy is for 'B' his will is valid in favor of 'B' but in favor of 'A' is valid only if the heirs allow, otherwise, it is effective only in 1/3 of the horse the rest goes to heirs.

Rule (1011) If one bequeaths a substance to someone out of his legacy without any mention of one-third of legacy if such substance is not more than 1/3 it is effective, if more, the extra depends on the permission of heirs.

Rule (1012) If one bequeaths a certain substance out of his legacy or something in general like a thousand Dinar, it must be studied to find out whether it is more or less than or equal to 1/3 of legacy at the time of the testator's death not the time of forming the will if he has bequeathed something like half of his legacy to 'A' and at the time of his death it becomes like 1/3 of the legacy due to change of prices or increase in the property which did not exist at the time of forming the will, the will is valid for the whole of such substance.

Rule (1013) If the bequeathed substance is equal to 1/3 of the legacy and it becomes more than 1/3 at the time of testator's death due to increase of its value or decrease of the values of other properties or because of using up of some of his other properties, the will is effective to what is equal to 1/3 and void for more than 1/3 unless the heir allows.

Rule (1014) If one bequeaths a common ratio like 1/3 of the legacy, if at the time of death is equal to 1/3, there is no objection about the validity of the will, and also if it is less then a 1/3 at the time of death. If at the time of death the 1/3 of the legacy becomes more than 1/3 at the time of forming the will like there being an increase in the property, thus, it is necessary to take out the 1/3 of the increase or just give away 1/3 of legacy of the time of forming the will?, which is not free from objection, although according to a strong view it is necessary to give away the 1/3 of the increase also unless there is some indication which tells that only 1/3 of the existing substance of legacy at the time of forming the will is to be given away, if the substances are changed there is no need to give away or there is enough indication saying that only 1/3 of the legacy existing at the time of forming the will must be given. Also if the statement of the will is not clear in such a case what must be given is the lesser amount.

Rule (1015) All that belongs to the testator after his death is part of legacy, like blood money for a person slain by mistake or deliberately and the heirs reach a settlement about it, or whatever that he had invested now brings in profits all become part of legacy and 1/3 comes out of all these.

Rule (1016) If one bequeaths the substance of a certain property which is more than 1/3 of the legacy in his life time and with adding blood money etc., it becomes equal to 1/3 of legacy the will is effective for the whole 1/3.

Rule (1017) The 1/3 is taken out only after excluding all financial debts when all such pay-offs are made thoroughly then 1/3 is dealt with according to the will.

Rule (1018) If a creditor after testator's death waives the debt payable from the legacy or someone volunteers to pay, such debts are not excluded from the legacy, it is like as if there are no debts.

Rule (1019) In bequeathing more than 1/3 of the legacy it is necessary that the heirs approve the will to be executed; only agreeing in their mind is not enough.

Rule (1020 ) If the testator specifies 1/3 of the legacy in a certain substance it must be done likewise. If it is left to the executor who specifies it in a certain substance this also must be accepted and it does not need the consent of the heirs if he, the testator, does not do anything the 1/3 remains as common ratio of the whole legacy and the executor cannot specify it in a certain item also do nothing without the agreement of the heirs.

Rule (1021) The financial liabilities are excluded from the whole legacy even if no will is made about them such liabilities are those like loans, payment for purchase of properties he had purchased to be paid for after an appointed time, the compensations for liabilities etc., of which are Khums, Zakat and Mazalim expiations, remedial of misdeeds and wrong-doing, but the expiations in general and vows etc, apparently, such payments are not made from the whole legacy.

Rule (1022) If some parts of legacy are destroyed after the death of the testator, it is necessary to pay off the financial obligations from the remaining legacy even if it takes the whole legacy; the same rule applies if someone usurps some parts of the legacy.

Rule (1023) If some of the heirs oppose paying off the debts his share is liable for such payments as are the rest of heirs. If others pay such debts if they do so with the permission of high authority in Sharia they demand the refusing heirs to pay his share, but if they paid without the permission of the high authority their demanding from the refusing party is not free from objection.

Rule (1024) The expenses of obligatory HAJJ on the basis of required qualification are like the other debts are paid-off from the whole of the legacy, the expenses of HAJJ because of a vow are paid from the 1/3 of the legacy.

Rule (1025) If one makes several wills each opposite to the other to execute the second is must and it cancels the first, if a specified substance is bequeathed to 'A' then to 'B' it must be given to 'B' the same rule applies if one third is given to 'A' and then to 'B'.

Rule (1026) If 1/3 is bequeathed to 'A' than 1/6 is bequeathed to 'B' 1/3 goes to both in equal shares.

Rule (1027) If a specified substance is bequeathed to 'A' and then 1/2 of the same thing is bequeathed to 'B' the second cancels the first by half which is equal to the amount of the second bequest.

Rule (1028) If several wills are made not opposite to each other but of the same nature to be paid from the whole legacy it is necessary to pay them off from the whole legacy even if it is more than 1/3.

Rule (1029) If several wills are made to cover the cost of such obligations that are not deductible from the whole legacy like prayer, expiations and vows such bequeathed items are paid for from the 1/3 of legacy if such costs exceed 1/3 and the heirs allow it to be paid from the legacy it is done so, otherwise, the obligations are reduced proportionately, regardless, the wills are made by certain orders like testator's words saying," 20 months fasting and 20 years prayer to be paid for," or they are not orderly like his saying, "pay for all my worship acts -fasting and praying -of my life time." If the cost of such obligations is equal to 1/2 of legacy, if the heir allows, payment is made from the legacy, otherwise, the obligations are cut to size proportionately like 1/3 of fasting and 1/3 of praying etc. The same rule applies if the causes are optional if the cost exceeds 1/3 and the heirs also allow it such costs must be paid for, otherwise, the causes are reduced proportionately.

Rule (1030) If there are several wills of different nature some are to be paid for from the whole and others cannot be paid for from the whole legacy like the will which says, "pay 60 Dinars, 20 for zakat, 20 for prayer and 20 for fasting, if they are not more than 1/3 they are all paid for from 1/3 or the 1/3 does not cover but the heirs allow payment. If the 1/3 does not cover and the heirs do not allow 1/3 is divided on all obligations and those that could be paid for from the whole legacy are paid for from it in a supplemental way. If a deceased legacy is 100 Dinars 10 Dinar zakat is deducted, 30 Dinar, 1/3 of 90 Dinars are divided on prayer, fasting and zakat, 10 Dinars for each. The same rule applies if some matters are obligatory and others are optional. However, if supplemental payment cannot be taken from the whole legacy it must also be made from the 1/3 of legacy.

Rule (1031) If there are various wills some about obligatory matters and some for optional causes none of which could be paid for from the whole and 1/3 is not enough for all and the heirs do not allow payment, giving priority to obligatory ones over optional ones is objectionable, and disputed, apparently, priority must be given to obligatory ones.

Rule (1032) Will for optional causes is will for such cause that are not obligatory for one during his life time, regardless, it is of the nature of transferring ownership or covenant ( or task will ) which requires payment for certain causes.

Rule (1033) If the will says 1/3 of legacy goes to 'A' but does not specify any substance. 'A' shares 1/3 with the heirs. He gets 1/3 and all heirs 2/3. If some of legacy is destroyed all pay the loss and the benefits are shared in the same way.

Rule (1034) If one bequeaths 1/3 of legacy for his own good like certain worship acts; the 1/3 remains in his possession if something is destroyed from the legacy the heirs and he all share the loss proportionate to their shares and the same rule applies to profits.

Rule (1035) If one specifies the 1/3 of legacy in a certain substance, as mentioned earlier, if some growth takes place in it, it belongs to him only if all of it or some of it is destroyed, it is his loss, not the heir's loss.

Rule (1036) If one makes a will about 1/3 of the legacy as its common ratio then makes a will about another specified item like if he says spend for me 1/3 of legacy and give my horse to 'A'. It is necessary to exclude the 1/3 of legacy not including the horse, and about 1/3 of the horse the will is effective in favor of 'A'. Effectiveness of will for the other 2/3 of horse depends on the permission of heirs; it is void if they did not allow. If the other item besides the 1/3 is not specified like if he says," spend for me 1/3 of legacy and give 100 Dinars to 'A' the effectiveness of will partially or as a whole 100 Dinars depends upon the permission of the heirs who may allow the whole or some, if all of them agree or only few people among them do so the will is effective to what is allowed by heirs, likewise is if the will says,~ give 1/3 to 'A' 1/3 to 'B', it is good for 'A's 1/3 but 'B' 1/3 needs the permission of the heirs. If the will says, "give 1/3 to 'A', and also says," give 1/3 to 'B', the second cancels the first, as mentioned it depends upon the indication of a statement.

Rule (1037) A will about disobeying Shari'a is not valid thus if one makes a will to help the unjust oppressor or for propagating falsehood, like the sale and distribution of misguiding literature, such will is void.

Rule (1038) If the cause for which the will is made is lawful to the testator due to his own jurisprudential view or because of the view of the scholar whom he follows and it is not lawful to the executor of the will due to the some reasons, the executor is not allowed to deal with such will. If the case is just the opposite of this the executor of the will must do his task.

Rule (1039) If the will deprives some heirs from the legacy if they do not agree with it the will is void. However, in such a cases if he has not made any will about the 1/3 of legacy then it is necessary to execute the will about the 1/3 as a result if the legacy is 6, and the testator has two sons since 'A' is deprived by the will and with a view to 1/3 'A' receives '2' and 'B' who is not deprived receives '4' out of 6. If 1/6 according to the will must go to 'B'. 'A' receives 1/3 and In goes to his brother.

Rule (1040) If one makes a will about the property of after the testator dies such will is not valid even if 'A' allows it. If it is said to be after the death of 'A' and 'A' allows it such will is valid.

Rule (1041) If an item is bequeathed to 'A' and then to 'B' as mentioned before the second cancels the first and the item goes to 'B'. If in the same case it is not known which one was first 'A' or 'B' the case is decided by lottery.

Rule (1042) If one gives some property to another person and says, "when I die spend it for me" and it is not known whether it is less or more than 1/3 or equal, or it is known that it is more and he thinks that the heirs allow it or knows that the heirs do not allow, but it is possible that there is some Shar'i reason which makes it necessary to exclude from the whole legacy, in such case. Is it necessary for the executor of the will to execute such will until it is proved to be void?, there is some objection in it, especially in the last two possibilities.

Rule (1043) If some property is bequeathed to 'A' but is it the lesser or more amount?, one can consider the lesser amount enough, but if they are two different items it is decided by lottery.