Index term: application, under Law(s) of Bahá’u’lláh
We have divided inheritance into seven categories
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&A 69). In this connection, a letter written on behalf of Shoghi Effendi explains that:
. . . 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.
This verse of the Aqdas introduces a lengthy passage in which Bahá’u’lláh elaborates the Bahá’í law of inheritance. 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.
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:
1. If the deceased is a father and his estate includes a personal residence, such residence passes to the eldest son (Q&A 34).
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&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.)
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.
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.
5. In cases where there is no issue, the share of the children reverts to the House of Justice (Q&A 7, 41).
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&A 7).
7. Should none of the specified categories exist, two 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.
8. Should one leave none of the aforementioned heirs, the entire estate reverts to the House of Justice.
9. Bahá’u’lláh states that non-Bahá’ís have no right to inherit from their Bahá’í parents or relatives (Q&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.
Additional details of the laws of inheritance are summarized in the Synopsis and Codification, section IV.C.3.a.-o.
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&A 69). In this connection, a letter written on behalf of Shoghi Effendi explains that:
. . . 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.
This verse of the Aqdas introduces a lengthy passage in which Bahá’u’lláh elaborates the Bahá’í law of inheritance. 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.
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:
1. If the deceased is a father and his estate includes a personal residence, such residence passes to the eldest son (Q&A 34).
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&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.)
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.
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.
5. In cases where there is no issue, the share of the children reverts to the House of Justice (Q&A 7, 41).
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&A 7).
7. Should none of the specified categories exist, two 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.
8. Should one leave none of the aforementioned heirs, the entire estate reverts to the House of Justice.
9. Bahá’u’lláh states that non-Bahá’ís have no right to inherit from their Bahá’í parents or relatives (Q&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.
Additional details of the laws of inheritance are summarized in the Synopsis and Codification, section IV.C.3.a.-o.
Beware that ye take not unto yourselves more wives than two. Whoso contenteth himself with a single partner from among the maidservants of God, both he and she shall live in tranquillity.
While the text of the Kitáb-i-Aqdas appears to permit bigamy, Bahá’u’lláh counsels that tranquillity and contentment derive from monogamy. In another Tablet, He underlines the importance of the individual’s acting in such a way as to “bring comfort to himself and to his partner”. ‘Abdu’l-Bahá, the authorized Interpreter of the Bahá’í Writings, states that in the text of the Aqdas monogamy is in effect enjoined. He elaborates this theme in a number of Tablets, including the following:
Know thou that polygamy is not permitted under the law of God, for contentment with one wife hath been clearly stipulated. Taking a second wife is made dependent upon equity and justice being upheld between the two wives, under all conditions. However, observance of justice and equity towards two wives is utterly impossible. The fact that bigamy has been made dependent upon an impossible condition is clear proof of its absolute prohibition. Therefore it is not permissible for a man to have more than one wife.
Polygamy is a very ancient practice among the majority of humanity. The introduction of monogamy has been only gradually accomplished by the Manifestations of God. Jesus, for example, did not prohibit polygamy, but abolished divorce except in the case of fornication; Muhammad limited the number of wives to four, but making plurality of wives contingent on justice, and reintroducing permission for divorce; Bahá’u’lláh, Who was revealing His Teachings in the milieu of a Muslim society, introduced the question of monogamy gradually in accordance with the principles of wisdom and the progressive unfoldment of His purpose. The fact that He left His followers with an infallible Interpreter of His Writings enabled Him to outwardly permit two wives in the Kitáb-i-Aqdas but uphold a condition that enabled ‘Abdu’l-Bahá to elucidate later that the intention of the law was to enforce monogamy.
While the text of the Kitáb-i-Aqdas appears to permit bigamy, Bahá’u’lláh counsels that tranquillity and contentment derive from monogamy. In another Tablet, He underlines the importance of the individual’s acting in such a way as to “bring comfort to himself and to his partner”. ‘Abdu’l-Bahá, the authorized Interpreter of the Bahá’í Writings, states that in the text of the Aqdas monogamy is in effect enjoined. He elaborates this theme in a number of Tablets, including the following:
Know thou that polygamy is not permitted under the law of God, for contentment with one wife hath been clearly stipulated. Taking a second wife is made dependent upon equity and justice being upheld between the two wives, under all conditions. However, observance of justice and equity towards two wives is utterly impossible. The fact that bigamy has been made dependent upon an impossible condition is clear proof of its absolute prohibition. Therefore it is not permissible for a man to have more than one wife.
Polygamy is a very ancient practice among the majority of humanity. The introduction of monogamy has been only gradually accomplished by the Manifestations of God. Jesus, for example, did not prohibit polygamy, but abolished divorce except in the case of fornication; Muhammad limited the number of wives to four, but making plurality of wives contingent on justice, and reintroducing permission for divorce; Bahá’u’lláh, Who was revealing His Teachings in the milieu of a Muslim society, introduced the question of monogamy gradually in accordance with the principles of wisdom and the progressive unfoldment of His purpose. The fact that He left His followers with an infallible Interpreter of His Writings enabled Him to outwardly permit two wives in the Kitáb-i-Aqdas but uphold a condition that enabled ‘Abdu’l-Bahá to elucidate later that the intention of the law was to enforce monogamy.
Various petitions have come before Our throne from the believers, concerning laws from God . . . We have, in consequence, revealed this Holy Tablet and arrayed it with the mantle of His Law that haply the people may keep the commandments of their Lord.
“For a number of years”, Bahá’u’lláh states in one of His Tablets, “petitions reached the Most Holy Presence from various lands begging for the laws of God, but We held back the Pen ere the appointed time had come.” Not until twenty years from the birth of His Prophetic Mission in the Síyáh-Chál of Tihrán had elapsed did Bahá’u’lláh reveal the Kitáb-i-Aqdas, the Repository of the laws of His Dispensation. Even after its revelation the Aqdas was withheld by Him for some time before it was sent to the friends in Persia. This divinely purposed delay in the revelation of the basic laws of God for this age, and the subsequent gradual implementation of their provisions, illustrate the principle of progressive revelation which applies even within the ministry of each Prophet.
“For a number of years”, Bahá’u’lláh states in one of His Tablets, “petitions reached the Most Holy Presence from various lands begging for the laws of God, but We held back the Pen ere the appointed time had come.” Not until twenty years from the birth of His Prophetic Mission in the Síyáh-Chál of Tihrán had elapsed did Bahá’u’lláh reveal the Kitáb-i-Aqdas, the Repository of the laws of His Dispensation. Even after its revelation the Aqdas was withheld by Him for some time before it was sent to the friends in Persia. This divinely purposed delay in the revelation of the basic laws of God for this age, and the subsequent gradual implementation of their provisions, illustrate the principle of progressive revelation which applies even within the ministry of each Prophet.
It is forbidden you to wed your fathers' wives.
Marriage with one’s stepmother is here explicitly prohibited. This prohibition also applies to marrying one’s stepfather. Where Bahá’u’lláh has expressed a law between a man and a woman it applies mutatis mutandis as between a woman and a man unless the context should make this impossible.
‘Abdu’l-Bahá and Shoghi Effendi confirmed that, while stepmothers are the only category of relatives mentioned in the text, this does not mean that all other unions within a family are permissible. Bahá’u’lláh states that it devolves upon the House of Justice to legislate "concerning the legitimacy or otherwise of marrying one’s relatives" (Q&A 50). ‘Abdu’l-Bahá has written that the more distant the blood-relationship between the couple the better, since such marriages provide the basis for the physical well-being of humanity and are conducive to fellowship among mankind.
Marriage with one’s stepmother is here explicitly prohibited. This prohibition also applies to marrying one’s stepfather. Where Bahá’u’lláh has expressed a law between a man and a woman it applies mutatis mutandis as between a woman and a man unless the context should make this impossible.
‘Abdu’l-Bahá and Shoghi Effendi confirmed that, while stepmothers are the only category of relatives mentioned in the text, this does not mean that all other unions within a family are permissible. Bahá’u’lláh states that it devolves upon the House of Justice to legislate "concerning the legitimacy or otherwise of marrying one’s relatives" (Q&A 50). ‘Abdu’l-Bahá has written that the more distant the blood-relationship between the couple the better, since such marriages provide the basis for the physical well-being of humanity and are conducive to fellowship among mankind.