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38. We have divided inheritance into seven categories # 20
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The Bahá’í laws of inheritance apply only in case of
intestacy, that is, when the individual dies without leaving
a will. In the Kitáb-i-Aqdas (# 109), Bahá’u’lláh instructs
every believer to write a will. He elsewhere clearly states
that the individual has full jurisdiction over his property
and is free to determine the manner in which his or her
estate is to be divided and to designate, in the will, those,
whether Bahá’í or non-Bahá’í, who should inherit (Q and A
69). In this connection, a letter written on behalf of Shoghi
Effendi explains that:
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…even though a Bahá’í is permitted in his will to
dispose of his wealth in the way he wishes, yet he is
morally and conscientiously bound to always bear in
mind, while writing his will, the necessity of his
upholding the principle of Bahá’u’lláh regarding the
social function of wealth, and the consequent necessity of
avoiding its over-accumulation and concentration in a
few individuals or groups of individuals.
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This verse of the Aqdas introduces a lengthy passage in
which Bahá’u’lláh elaborates the Bahá’í law of inheritance.
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In reading this passage one should bear in mind that the law
is formulated with the presumption that the deceased is a
man; its provisions apply, mutatis mutandis, when the
deceased is a woman.
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The system of inheritance which provides for distribution
of the deceased’s estate among seven categories of heirs
(children, spouse, father, mother, brothers, sisters, and
teachers) is based on the provisions set out by the Báb in the
Bayán. The major features of the Bahá’í laws of inheritance
in the case of intestacy are:
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1. If the deceased is a father and his estate includes a
personal residence, such residence passes to the eldest
son (Q and A 34).
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2. If the deceased has no male descendants, two thirds of
the residence pass to his female descendants and the
remaining third passes to the House of Justice (Q and A
41, 72). See note 42 concerning the levels of the
institution of the House of Justice to which this law
applies. (See also note 44.)
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3. The remainder of the estate is divided among the
seven categories of heirs. For details of the number of
shares to be received by each group, see Questions and
Answers, number 5, and Synopsis and Codification,
section IV.C.3.a.
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4. In case there is more than one heir in any category the
share allotted to that class should be divided between
them equally, be they male or female.
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5. In cases where there is no issue, the share of the
children reverts to the House of Justice (Q and A 7, 41).
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6. Should one leave offspring, but either part or all of the
other categories of heirs be non-existent, two thirds of
their shares revert to the offspring and one third to the
House of Justice (Q and A 7).
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7. Should none of the specified categories exist, two
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thirds of the estate revert to the nephews and nieces of
the deceased. If these do not exist, the same shares
revert to the aunts and uncles; lacking these, to their
sons and daughters. In any case the remaining third
reverts to the House of Justice.
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8. Should one leave none of the aforementioned heirs,
the entire estate reverts to the House of Justice.
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9. Bahá’u’lláh states that non-Bahá’ís have no right to
inherit from their Bahá’í parents or relatives (Q and A
34). Shoghi Effendi in a letter written on his behalf
indicates that this restriction applies “only to such
cases when a Bahá’í dies without leaving a will and
when, therefore, his property will have to be divided
in accordance with the rules set forth in the Aqdas.
Otherwise, a Bahá’í is free to bequeath his property to
any person, irrespective of religion, provided however
he leaves a will, specifying his wishes.” It is always
possible, therefore, for a Bahá’í to provide for his or
her non-Bahá’í partner, children or relatives by
leaving a will.
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Additional details of the laws of inheritance are
summarized in the Synopsis and Codification, section
IV.C.3.a.-o.
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