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Inheritance: freedom, family, and a wider trust

law of inheritance

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Editorial introduction

Everyone is to write a will, Bahá’u’lláh ordained, seal it, and head it with the Most Great Name; the detailed division of an estate among seven categories of heirs applies only when no will exists. That ordering puts personal intention first while urging attention to the rights of family and children. The prescribed shares, two thousand five hundred and twenty parts built on the number nine, have their own tenderness: hearing the cry of children yet unborn, Bahá’u’lláh doubled their portion; where no heir exists the estate passes to the House of Justice for orphans, widows and the common good; a minor’s share is invested by a trustworthy guardian. The daughters of Zelophehad, who asked why their father’s name should vanish for lack of a son and won a ruling that became law for all, show how one family’s question can shape a general rule [1]. The path continues into the laws of the Kitáb-i-Aqdas, the rights of the eldest son, and the law of burial that stands at the threshold of every estate.

Selected passages

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01

As for inheritance, this distribution applies when the deceased person has not made a will - in that case this distribution takes effect. However every soul is obligated to make a will - indeed it is prescribed and mandatory. And the explicit divine texts state that in a state of health one must make a will according to wisdom, and according to their own desire they may will however they wish, and that will should be sealed and opened after their death and acted upon accordingly.

(‘Abdu’l-Bahá, 1919-Mar-10, to Ali Sahib, Siyyid Mazhar et al -- AB00494)
02

It is certainly incumbent upon all to write a will, and whenever they wish to make changes they are free to write it again. You must certainly consider and specify the rights of family members and children.

(‘Abdu’l-Bahá, to Haji Muhammad Ismayn Yazdi -- AB12808)
03

What you mentioned was previously revealed from the Most Exalted Pen, and now is mentioned again as a grace from Us upon you that you may rejoice and be among those who give thanks. Every soul has had and has authority over their own property, for if authority were prevented, the glory of existence would be effaced.

(Bahá’u’lláh, 1307 ? [1889-1890], to Siyyid Muhammad -- BH01135)
04

The purpose of Baha'u'llah's arrangement is that man is not to be interfered with in the leaving of his property. Man may divide his wealth as he likes. Every one has to write a will and affix a seal thereto and no one need know about the arrangement he has made. After his death the will is opened and read and whatever he has decreed will be enforced. Man should have perfect freedom to decide as he wishes, in making his will.

(‘Abdu’l-Bahá, Words to Latimer, Esslemont, Randall et al, spoken on 1919-Nov-25 -- ABU0699)
05

The distribution of inheritance comes after the execution of the will, and this is explicitly stated in the Most Holy Book.

(‘Abdu’l-Bahá, to Haji Mirza Muhammad Yazdi Alaqihband -- AB12274)
06

Give great importance to this matter of the will, for its importance will become evident and manifest from now, so that it may serve as a model for the future.

(‘Abdu’l-Bahá, 1919-Mar-11, to Mahmud Zarqani -- AB00798)
07

This is the first time in this great Cycle that an inheritance hath been so distributed. God willing, all will follow your example in carrying this law into effect.

In this connection, it should be noted that the question of the will is of extreme importance: everyone should devote the most serious attention to drawing up a will, so that there should be no one who doth not have a will. This is one of the binding laws of this mighty Dispensation.

(‘Abdu’l-Bahá, to Wife of Ali Muhammad Kashipaz et al -- AB06331)
08

We have divided inheritance into seven categories: to the children, We have allotted nine parts comprising five hundred and forty shares; to the wife, eight parts comprising four hundred and eighty shares; to the father, seven parts comprising four hundred and twenty shares; to the mother, six parts comprising three hundred and sixty shares; to the brothers, five parts or three hundred shares; to the sisters, four parts or two hundred and forty shares; and to the teachers, three parts or one hundred and eighty shares. Such was the ordinance of My Forerunner, He Who extolleth My Name in the night season and at the break of day. When We heard the clamour of the children as yet unborn, We doubled their share and decreased those of the rest. He, of a truth, hath power to ordain whatsoever He desireth, and He doeth as He pleaseth by virtue of His sovereign might.

Should the deceased leave no offspring, their share shall revert to the House of Justice, to be expended by the Trustees of the All-Merciful on the orphaned and widowed, and on whatsoever will bring benefit to the generality of the people, that all may give thanks unto their Lord, the All-Gracious, the Pardoner.

… If the deceased should leave children who are under age, their share of the inheritance must be entrusted to a reliable individual, or to a company, that it may be invested on their behalf in trade and business until they come of age. The trustee should be assigned a due share of the profit that hath accrued to it from being thus employed.

(Bahá’u’lláh, Kitab-i-Aqdas (The Most Holy Book), 1290-05-15 [1873-Jul-11] -- BH00001)
09

ANSWER: According to the Book of God, the estate of the deceased is divided into 2,520 shares, which number is the lowest common multiple of all integers up to nine, and these shares are then distributed into seven portions, each of which is allocated, as mentioned in the Book, to a particular category of heirs. The children, for example, are allotted nine blocks of 60 shares, comprising 540 shares in all. The meaning of the statement "We doubled their share" is thus that the children receive a further nine blocks of 60 shares, entitling them to a total of 18 blocks all told.

… 6. QUESTION: Is it necessary that the brother, in order to qualify for his portion of the inheritance, be descended from both the father and the mother of the deceased, or is it sufficient merely that there be one parent in common?

ANSWER: If the brother be descended from the father he shall receive his share of the inheritance in the prescribed measure recorded in the Book; but if he be descended from the mother, he shall receive only two thirds of his entitlement, the remaining third reverting to the House of Justice. This ruling is also applicable to the sister.

(Bahá’u’lláh, Su'al va Javab (Questions and Answers), to Zaynul-Muqarrabin -- BH00069)
10

Regarding your question about inheritance, His exalted words state: "When We heard the cries of the children yet unborn, We doubled their portion and decreased from the others." The inheritances in the Divine Book are made into two thousand five hundred and twenty shares, which encompass the nine divisions. This number is divided into seven portions, each portion going to a class of heirs as mentioned in the Book. … The meaning of His exalted words "We doubled their portion" is that one equivalent was added to it, making it two "Ta," and what was increased was decreased from the others.

(Bahá’u’lláh, 1291 ? [1874-1875], to Zaynul-Muqarrabin -- BH01307)
11

The children's portion is nine-sixtieths, the spouses' portion eight-sixtieths, the fathers' portion seven-sixtieths, the mothers' portion six-sixtieths, the brothers' portion five-sixtieths, the sisters' portion four-sixtieths, and the teachers' portion three-sixtieths.

… And in this Dispensation, since the Ancient Beauty, out of pure grace and bounty, has designated the children's portion, which was nine-sixtieths, to be eighteen-sixtieths, and has reduced nine-sixtieths from those other six categories, now the division must be made in this way: from each of those six categories of heirs, one and one-half sixtieths should be reduced, which totals nine-sixtieths.

(Bahá’u’lláh -- BH01964)
12

Thirdly: As to what ye shall inherit from God's dominion: That which We have apportioned among you shall ye divide, that ye may, on the Day of God's Manifestation, enter into that which We have willed concerning its numbers. Ye shall believe in Him Whom God shall make manifest and be assured of His verses.

(The Báb, Bayan-i-Arabi (Arabic Bayan) -- BB00020)
13

In this connection, a decree was revealed in the Land of Mystery, and the portions of missing persons were temporarily assigned to existing heirs until the establishment of the House of Justice. After its establishment, its ruling shall become manifest. However, the inheritance of those who emigrated in the year in which the Ancient Beauty emigrated shall return to their heirs.

(Bahá’u’lláh, to Zaynul-Muqarrabin -- BH00781)
14

Regarding inheritance, that if there be no offspring, their shares revert to the House of Justice, and when any of the other categories are not present, such as father, mother, brother, sister, or teacher, whether their shares also revert to the House of Justice or are otherwise disposed - this matter hath been revealed in the Book of God. He saith, exalted be He: "Should one die and leave no offspring, their share shall revert to the House of Justice" and so forth. And: "Should one leave offspring but none of the other categories specified in the Book, two-thirds of what they leave shall revert to the offspring and the remaining third to the House of Justice."

(Bahá’u’lláh, 1292? [1875-1876], to Zaynul-Muqarrabin -- BH00984)
15

You have asked about fathers and mothers. What is meant are the immediate fathers and mothers, not the fathers of fathers and mothers of mothers. As for the circumstance where the father and mother of the deceased are non-existent, their share of inheritance must later be arranged by the House of Justice, since that Body must determine how to allot the shares of such non-existent heirs as have not been specified in the Book of God....

(‘Abdu’l-Bahá, to Mirza Baba Nayrizi -- AB07493)

The available source contains an omission or incomplete wording; sentence boundaries need review.

16

Concerning the question whether the residence and special clothing, in the absence of male offspring, should revert to the House of Justice or be distributed like other properties, this is what was revealed in answer from God, the Mighty, the Bestower: Two-thirds of the house and special clothing revert to the female offspring, and one-third to the House of Justice, which God has made the treasury of the nation.

(Bahá’u’lláh, 1293-03-11 [1876-Apr-6], to Zaynul-Muqarrabin et al -- BH00368)
17

Although this servant submitted his resignation from being an interpreter of the Book at the threshold of the Most Glorious Beauty - for praise be to God, there are mujtahids present who have the power and capacity to derive laws from the Book and there is no need for 'Abdu'l-Baha - yet solely for thy sake, the explanation of this blessed verse is given: The residence and special clothing belong to the eldest son, meaning the most senior offspring of the deceased, not to all male offspring.

(‘Abdu’l-Bahá, 1909-May-31, to Mirza Aqa Bashir Ilahi (Bashirus-Sultan) -- AB12301)
18

...As to what thou didst ask about the inhabited house, it belongs exclusively to the eldest son, along with its dependencies such as stable, guest house, or private chamber. As for the other uninhabited houses, they are to be divided among the male and female heirs....

(‘Abdu’l-Bahá, 1909-Jul-14, to Shaykh Aqa Pishnamaz -- AB11388)

The available source contains an omission or incomplete wording; sentence boundaries need review.

19

The residential property in any case belongs to the eldest son, whether or not anything else remains from the deceased. And the eldest son also receives his share from the other properties. This is what God has ordained. However, the testator himself has authority before death to dispose of properties however he wishes. Likewise, the eldest son should himself, for the sake of God, show consideration to the other heirs and deal fairly.

(‘Abdu’l-Bahá, 1911-May ca., to Haji Muhammad Ali son of Ustad Hasan Fakhkhar -- AB02532)
20

As to their question regarding the inheritance of one who has ascended, to whom it should be delivered, and whether the guardian should be from the father's side or the mother's side - after this matter was presented before His presence, He stated that it should remain with a trustworthy, reliable person, and this decree is clear and evident in the Most Holy Book.

(Bahá’u’lláh, 1305-02-16 [1887-Nov-3], to Mirza Abdullah Falah from Sad et al -- BH00464)
21

And regarding what was written about his legacy which, in truth, is not worthy of mention - in this matter one must act according to what God has decreed in the Book: first the payment of debts, and then distribution to the heirs.

(Bahá’u’lláh, 1306-02-12 [1888-Oct-18], to Haji Muhammad Baqir -- BH01649)
22

And concerning what you wrote about inheritance, it was presented. This firm decree has issued and been revealed from the Source of God's Command. Let that leaf take possession of one unit thereof, and the remainder God has bestowed upon themselves to divide among themselves. Verily He is the Giving, the Generous.

(Bahá’u’lláh, 1298-10-12 [1881-Sep-7], to Varaqatul-Firdaws et al -- BH00526)
23

As for what was mentioned concerning the estate of that departed and elevated one: if there be no heir, it should be given through consultation to the poor of this party.

(Bahá’u’lláh, to Ibn-i-Abhar -- BH11613)
24

In future a manufacturer will not be allowed to leave all his property to his own family. A law will be made something like this--that he must leave one-quarter only of his property to his family, and the other three-quarters must go to the factory workers who have created his wealth.

(‘Abdu’l-Bahá, Words spoken in 1912 in the United States -- ABU3325)
25

Say: The Lord of Command hath more authority over you than your own selves - God will judge between you with truth; woe unto you, how you fail to reflect! God hath created all that is in the heavens and the earth and whatsoever lieth between them for the Manifestation of His Self - how little do you understand! Say: All are His servants and all bow down before Him.

(The Báb, Kitabu'l-Fasl -- BB00056)
26

About the same time that the Afnan had arrived in the Holy Land for their pilgrimage, because of the unfounded complaints of Mirza Muhammad-`Ali to the Mutisarrif Pasha, each day for several hours `Abdu'l-Baha was called in for questioning. The honored Afnan related:

One day His blessed Person came home later than usual, and when He arrived, it was evident that He was most perturbed. `Abdu'l-Baha informed us, "Today, this man (Mirza Muhammad`Ali) has done such a deed and written in such wise that Mutisarrif Pasha wanted to use his statement as evidence to uproot Us completely. He has written, 'Whatever our illustrious Father had left as inheritance, has been confiscated by the Effendi [i.e. `Abdu'l-Baha] and He is depriving us of our rightful share.' Today, the Mutisarrif said to me, 'This doing of Yours is at variance with an Islamic hadith that we have, 'Verily, the Prophets and Messengers do not inherit, nor do they have an inheritance.' If Your claim is indeed of truth, then it is at considerable incongruity with what Your brother has reported.'"

`Abdu'l-Baha continued relating, "This statement of his pierced my heart like a sharp knife. However, the confirmations of the Blessed Beauty were ever-present and I responded to him, 'Our illustrious Father has left a Will and Testament, penned and sealed in His own hand, and therein written, 'Although the Realm of Glory hath none of the vanities of the world, yet within the treasury of trust and resignation we have bequeathed to Our heirs an excellent and priceless heritage. Earthly treasures We have not bequeathed, nor have We added such cares as they entail. By God! In earthly riches fear is hidden and peril is concealed. Consider ye and call to mind that which the All-Merciful hath revealed in the Qur'an: 'Woe betide every slanderer and defamer, him that layeth up riches and counteth them.'" `Abdu'l-Baha added, "The Mutisarrif was then thoroughly silenced and said no more."

(‘Abdu’l-Bahá -- ABU3674)
27

This much is clear, but inheritance has several meanings. One meaning is trust and submission, which is explicitly stated. Another meaning is "that which God leaveth is better for you," and a third meaning is "one who will inherit me and inherit from the family of Jacob, and make him, O my Lord, well-pleasing." And these are the divine qualities and perfections. Blessed is every heir who inherits this inheritance, for unto God belongeth the inheritance of the heavens and the earth. And whosoever inheriteth not is wronging his own soul, even if he be among the chosen ones....

(‘Abdu’l-Bahá, 1903 ca., to Mulla Yusuf -- AB06691)

The available source contains an omission or incomplete wording; sentence boundaries need review.

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For thought and discussion

Questions to carry forward

  1. Why is the distinction between making a will and applying the prescribed distribution essential to reading these passages?
  2. How do the texts bring freedom over possessions into relationship with the rights and needs of others?
  3. What does the inclusion of teachers, trustees, and public benefit suggest about the relationships recognized here?
  4. How does the account of Zelophehad’s daughters help us examine the relation between a particular question and a general rule?
  5. What tensions or questions arise when we compare the specific rulings, reported proposals, and calls to fairness?
  6. What kinds of spiritual inheritance might a person or community deliberately cultivate?
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