5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

In our explanation of the land laws within the subject of zakât
of the produce of the earth, in the first chapter, we have written
that there are four kinds of land. The first kind subsumes, as we
have explained, those land areas that are the people’s property.
When the owner of such land dies, the land may be sold and
the money may be spent for the payment of the owner’s debts.
One-third of the rest is spent for the fulfilment of his will. And
two-thirds is distributed to his heirs in prescribed shares. The
second kind consists of those mîrî land areas, which belong to
the Beyt-ul-mâl. They are rented out with title deeds to people in
return for ready money. Such land does not become the
holder’s property. When the holder dies it is not sold for the
payment of his debts or for the fulfilment of his will. It does not
become an inheritance for his heirs. It is rented out to someone
else. But, as a favour to the people, the State gave to the owner
of a mîrî land area the right to transfer it to someone else in
return for money or present it and it could be transferred to his
children without ready money when he died. The title deed’s
being transferred to his children was not a legacy; it was the
State’s favour; the land did not become the heirs’ property, yet it
was rented out to them. According to the fifty-fourth and the
following chapters of the law, when the holder of the title deed
died the land was distributed equally to his sons and daughters.
If he did not have children, it was given to his grandchildren; if
they did not exist, to his father; and if he did not exist either, to
his mother, free of charge. But, in giving the right of transfer to
the father or mother, one-fourth was given to the husband or
wife (depending on the deceased’s sex) and then three-fourths
was given to the father or mother. The husband or the wife
could not get a share from the mîrî land if the deceased had
children or grandchildren. The grandchildren of the deceased
had shares equal to his (or her) children’s. There is no mîrî land
today; all such land has become the people’s property. So,
such land has to be divided like other property of inheritance
now. Please see the final parts of the books Berîqa and
Hadîqa!
Every Muslim should make his testament during his illness
that feels like it is going to end in death. It is stated in the book
Mâ-lâ-budda: “If a person feels deadly ill, it is wâjib for him to
write his will, yet it is mustahab to write and have it with him if
he feels well. In this written will, he should give his last advice to
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