You mention the provision in the Kitáb-i-Aqdas regarding inheritance, in which the eldest son receives preferential treatment. As you no doubt know, the duty of making a will is enjoined upon all Bahá’ís, and in such a will a believer is free to bequeath his or her property in whatever way he or she wishes (see note 25 on page 60 of the Synopsis and Codification). Every system of law, however, needs to make provision for the disposal of a person’s property if he or she dies without having made a will, and it is in cases of intestacy that the specific provisions stated in the Kitáb-i-Aqdas are applied. These provisions give expression to the law of primogeniture, which, as ‘Abdu’l‑Bahá has stated, 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, with respect to the law of inheritance ‘Abdu’l‑Bahá has explained in one of His Tablets that the eldest son has the responsibility to take into consideration the needs of the other heirs. Similar considerations no doubt apply to the provisions that, in intestacy, limit the shares due to half-brothers and half-sisters of the deceased on his or her mother’s side; they will, of course, be due to receive inheritance from their own father’s estate.
- The Universal House of Justice (From a letter dated 24 July 1975 to an individual believer; The Compilation of Compilations, vol. II, Women)
