عنوان مقاله [English]
The right to habwa and peculiarity of some part of
properties of the deceased person to his eldest son
gratuitously, which prevents other heirs from that part, is
criticized by some and caused some jurists to present some
opinions announcing negation of habwa being gratuitous.
One of such opinions grants the eldest son the right to
habwa in return for belatedly performing of missed acts of
worship and not being gratuitous. However, proofs of
obligation of belatedly performing of missed acts of
worship of deceased person suffer from weakness in both
the chain of transmitters and the content. It should be
noted that should their weakness be ignored and obligation
be proved, there would still be no mutual implication
between observing that obligation and receiving habwa.