Un exécuteur testamentaire est tenu responsable de modifier un testament licite — Al-Kāfi - Volume 7

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1. Ali ibn Ibrahim has narrated from his father and Humayd ibn Ziyad has narrated from bud Allah ibn Ahmad all from Ibn Abi ‘Umayr from Zayd al-Narsiy from Ali ibn Farqad Sahib al-Sabiriy who has narrated the following: “A man made a will and asked me to pay for al-Hajj from his legacy, but when I examined his legacy it was not sufficient. I then asked abu Hanifah and the jurists of al-Kufah. They said that I must give as charity on his behalf. When I performed al-Hajj, I met ‘Abd Allah ibn al-Hassan during tawaf. I asked him, saying, ‘A man of your followers of the people of al-Kufah has died and has made a will in which he has asked me to perform al-Hajj for him from his legacy, but when I examined his legacy, it is not sufficient for al-Hajj and I asked the jurist in our area. They said that I must pay charity for him and I did so. What do you say about it?’ He said, ‘This is Ja‘far ibn Muhammad in al-Hijr. Go and ask him.’ I went in al-Hijr and found abu ‘Abd Allah (a.s.), under al-Mizab facing the house and praying. He (the Imam) turned to me, saw me and asked, ‘What do you need?’ I then said, ‘I pray to Allah to keep my soul in service for your cause, I am a man from al-Kufah of your friends.’ He (the Imam) said, ‘Leave it. What do you need?’ I then said, ‘A man has died and has made a will that al- Hajj must be performed from his legacy. I examined it and it is not sufficient for al-Hajj. I then asked the jurists about it in our area. They said that I must pay charity on his behalf.’ He (the Imam) said, ‘What did you do with it?’ I replied, ‘I gave it in charity.’ He (the Imam) said, ‘You are responsible, unless it was not sufficient even for performing al-Hajj from Makkah, but if it was sufficient for performing al-Hajj from Makkah, then you are responsible.’”

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2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Sinan from ibn Muskan from abu Sa‘id who has narrated the following: “Once abu ‘Abd Allah (a.s.), was asked about the case of a man who made a will for al- Hajj but the executor of his will spent it to set free an enslaved soul. He (the Imam) said, ‘The executor of the will is responsible to pay for his al-Hajj as the will required. Allah, most Blessed, most High, has said, ‘Whoever intentionally changes the will of a deceased person, he has committed a sin. Allah is All-hearing and All-knowing.’ (2:181)”

IsnādMuhammad ibn Yahya, d'Ahmad ibn Muhammad, de Muhammad ibn Sinan, d'Ibn Muskan, d'Abi Sa'id, d'Abi 'Abdillah (sur lui la paix) a dit:

Il a été interrogé au sujet d'un homme qui a recommandé un legs et l'a placé entre les mains de son héritier dans un sac. Il a dit : "Son héritier devrait en payer la zakat et le considérer comme un legs, tel qu'il l'a recommandé. Certes, Allah, le Très-Haut et Béni, dit : 'Celui qui le change après l'avoir entendu, son péché incombe à ceux qui le changent'."

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3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from Muhammad ibn Marid who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who made a will to set free a slave for six hundred dirham but the executor of his will gave six hundred dirham to perform al-Hajj for the deceased. He (the Imam) said, ‘As I see the executor of the will must pay six hundred dirham from his own assets to set free a slave for the deceased.’”

IsnādMuhammad ibn Yahya a rapporté d'Ahmad ibn Muhammad, d'Ibn Mahbub, de Muhammad ibn Marid, qui a dit: J'ai interrogé Abu Abdullah (sur lui soit la paix) au sujet d'un homme qui a recommandé à un autre de le libérer en payant pour lui une rançon de six cents dirhams sur le tiers de son héritage. Le tuteur partit et donna les six cents dirhams à un homme qui les utilisa pour accomplir le pèlerinage pour lui. Il a dit: Je pense que le tuteur devrait payer une amende de six cents dirhams de sa propre fortune et placer les six cents dirhams dans ce que le défunt a recommandé pour la rançon.

[Contenu principal du hadith traduit]