2788. If a person specifies in his will that his debts should be paid off, that a person should be hired to perform his prayers and fasts, and some recommended tasks should also be performed on his behalf, then if he has not specified that they should be paid from one-third of his estate, then his debts must be paid from his entire estate. If anything remains, then one-third of it should be spent on the prayers, the fasts and the recommended acts that he had specified. If one-third of the remaining wealth is not sufficient, then if his heirs consent to it, they should act according to his will. If however they do not consent to it, then they should pay for the prayers and the fasts from one-third of the remainder, and if something remains thereafter, it should be used for the recommended acts that were specified by the deceased.
2789. If a person claims that the deceased had willed that a particular amount be given to him, then the claimed amount should be given to him in the following cases:
a. two just men verify his claim.
b. he takes an oath, and one just man verifies his claim.
c. one just man, and two just women testify to his claim.
d. four just women testify to his claim.
However, if only one just woman testifies to his claim, then only a fourth of his claim should be given to him. If two just women do so, then half of it should be given to him, and in the case of three just women, three-fourths of it be given to him.
In the event that two men from the Ahl al-Kit¡b who are considered to be just in their religion, verify his claims, and given that the deceased was compelled to make the will and no just men or women were present at the time, then the claimed item should be given to him.
2790. If a person claims to be the executor of the deceased in disposing of his estate, his claim should only be accepted if two just men testify to its effect.
2791. A great number of renowned scholars have stated that if a person wills that a particular property be given to an individual, and the latter passes away before he can accept or reject the will, then his heirs can accept the property as long as they have not rejected the will. However, it is not implausible that if the beneficiary dies after the testator, his heirs will inherit the property. This ruling applies in the case where the testator does not retract his will. If he does, they will have no right over the property.
