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it is obligatory on him who administers it that he retains the estate as it is and spends the usufruct as he has been ordered and instructed. He should not sell the seedlings in the plantations of these villages till the land changes its face by turning them into plants. As for those of my slave girls who were under me if any one of them has a child or is pregnant she will be retained for the sake of the child and will form part of his share. If the child dies and she survives then she is free bondage is removed from her and liberty is given to her.(1) as- Sayyid ar- Radi says: In this will in Amir al-mu' minin's phrase "alla yabi`a min nakhliha wadiyyatan" the word "wadiyyah" means seedling of date-palm and its plural is "wadiyy". And his words "hatta tushkila arduha ghirasan" is one of the most eloquent form of expression and it means that when a number of date plants grow on the land then he who had seen it before the growth would regard it as a different land.
(1). The life of Amir al-mu'minin was that of a labourer or
a cultivator. He worked in fields of other persons cultivated barren and
untilled lands providing means of irrigating them made them cultivable and
planted orchards therein . Since these lands were cultivated by him they were
his Property but he never paid heed to property and declaring them a trust gave
up his proprietorship; but in consideration of the Prophet's kinship he assigned
the management rights of this trust to Imam Hasan and Imam Husayn one after the
other. Yet he did not tolerate any additional rights for them but like other
children gave them merely the right to take from it only for their livelihood
while the balance he ordered to be spent for the common good of the Muslims and
for charitable purposes. Thus Ibn Abi'l-Hadid writes:
Everyone knows that in Medina Yanbu' and Suwayqah Amir al-mu'minin had dug
several springs from under the land and brought under cultivation many barren
and uncultivable lands. Thereafter he gave up rights over them and declared them
as trusts for the Muslims. When he left the world nothing was owned by him.
(Sharh Nahj al-balaghah vol.15 p.146)
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