An Analytical and Comparative Study of the Tradition "There is no will for the heir

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Abstract

Sunni jurisprudents have resorted to a reported tradition "There is no will for the heir" to negate any will for the heir. This juridical stand has been contradicted by Shiite scholars. We have examined this jurisprudential topic from various aspects including the authenticity of the narration, chain of transmission and sources as well as the wordings and significations of the tradition. The conclusion we have drawn is that this tradition cannot be relied upon in any areas of jurisprudential verdicts or in the area of the abrogation of the Book because the tradition is inauthentic. Even if it is assumed to be authentic, it cannot restrict what is purported and signified by other reports and narrations that denote the possibility of a will for the heir.

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