The Kitáb-i-Aqdas - The Most Holy Book
Index term: female, under children; allocation of shares and property; Inheritance
n44.
We have assigned the residence and personal clothing of the deceased to the male, not female, offspring, nor to the other heirs.
In a Tablet, 'Abdu'l-Bahá indicates that the residence and personal clothing of a deceased man remain in the male line. They pass to the eldest son and in the absence of the eldest son, they pass to the second-eldest son, and so on. He explains that this provision is an expression of the law of primogeniture, which has invariably been upheld by the Law of God. In a Tablet to a follower of the Faith in Persia He wrote: "In all the Divine Dispensations the eldest son hath been given extraordinary distinctions. Even the station of prophethood hath been his birthright." With the distinctions given to the eldest son, however, go concomitant duties. For example, he has the moral responsibility, for the sake of God, to care for his mother and also to consider the needs of the other heirs.
Bahá'u'lláh clarifies various aspects of this part of the law of inheritance. He specifies that if there be more than one residence, the principal and most important one passes to the male offspring. The remaining residences will, together with the other possessions of the deceased, have to be divided among the heirs (Q&A 34), and He indicates that in the absence of male offspring, two thirds of the principal residence and the personal clothing of the deceased father will revert to the female issue and one third to the House of Justice (Q&A 72). Further, when the deceased is a woman, Bahá'u'lláh states that all her used clothing is to be equally divided amongst her daughters. Her unworn clothing, jewels and property must be divided among her heirs, as well as her used clothing if she leaves no daughter (Q&A 37).
n45.
Should the son of the deceased have passed away in the days of his father and have left children, they will inherit their father's share
This aspect of the law applies only in the case of the son who predeceases his father or mother. If the daughter of the deceased be dead and leave issue, her share will have to be divided according to the seven categories specified in the Most Holy Book (Q&A 54).
q37.
 
Question: In the holy ordinances governing inheritance, the residence and personal clothing of the deceased have been allotted to the male offspring. Doth this provision refer only to the father's property, or doth it apply to the mother's as well?
Answer: The used clothing of the mother should be divided in equal shares among the daughters, but the remainder of her estate, including property, jewellery, and unused clothing, is to be distributed, in the manner revealed in the Kitáb-i-Aqdas, to all her heirs. If, however, the deceased hath left no daughters, her estate in its entirety must be divided in the manner designated for men in the holy Text.
q41.
 
Question: The residence and personal clothing of the deceased have been assigned to the male, not female, offspring, nor to the other heirs; should the deceased have left no male offspring, what is to be done?
Answer: He saith, exalted be He: "Should the deceased leave no offspring, their share shall revert to the House of Justice . . ." In conformity with this sacred verse, the residence and personal clothing of the deceased revert to the House of Justice.
q54.
 
Question: He saith, exalted be He: "Should the son of the deceased have passed away in the days of his father and have left children, they will inherit their father's share . . ." What is to be done if the daughter hath died during the lifetime of her father?
Answer: Her share of the inheritance should be distributed among the seven categories of heirs according to the ordinance of the Book.
q72.
 
Question: Again a question hath been asked concerning the residence and personal clothing: are these to revert, in the absence of male offspring, to the House of Justice, or are they to be distributed like the rest of the estate?
Answer: Two thirds of the residence and personal clothing pass to the female offspring, and one third to the House of Justice, which God hath made to be the treasury of the people.