This information is a summary of the guidance found in the Local Spiritual Assembly handbook. If you are in doubt about anything, please ask the Local Spiritual Assembly for further guidance.
WILLS
Every Baha’i of legal age (18 years and over) should have a Will.
Unto everyone hath been enjoined the writing of a will.
(Bahá’u’lláh, Kitáb-i-Aqdas, p. 59)
For a Baha’i, not only does your Will provide important information about the disposal of your assets and who is your executor and trustee, it also allows you to testify your faith. Whilst there is a choice for the form of the Most Great Name used, the testimonial language is left to the individual to draft in his or her own words.
The testator should head this document with the adornment of the Most Great Name, bear witness therein unto the oneness of God in the Dayspring of His Revelation, and make mention, as he may wish, of that which is praiseworthy, so that it may be a testimony for him in the kingdoms of Revelation and Creation and a treasure with his Lord, the Supreme Protector, the Faithful.
(Bahá’u’lláh, Kitáb-i-Aqdas, p. 59)
It is also important for family unity as no Baha’i may dispute a Will of another Baha’i.
A person’s will is sacred and therefore a Bahá’í is not permitted to challenge the provisions of another’s will.
(letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, dated September 4, 1986)
Preparing a will clarifies the wishes of the believer to have a Bahá’í funeral and helps to ensure the unity of the family by avoiding disagreement over burial arrangements and the division of assets following death.
The friends should be strongly advised to make Wills specifying that they want their funerals to be conducted under the auspices of the Bahá’í Faith, or at least in conformity with its requirements, and they should make this known both to the Local Spiritual Assembly and to their own relatives, while they are still alive. In this way it is quite possible that agreements may be reached with nonBahá’í relatives before death takes place.
(letter from the Universal House of Justice to a National Spiritual Assembly, dated August 18, 1972)
Any person is at liberty to will his possessions as he sees fit provided he makes provisions for the payment of Huqúqu’lláh and the discharge of his debts.
(Synopsis and Codification of the Laws and Ordinances of the Kitáb-i-Aqdas, p. 46)
Notes:
- In the Kitáb-i-Aqdas, Bahá’u’lláh provides for the division of an estate if a believer does not leave a will. These provisions are not intended as advice for Bahá’ís to follow in creating a will. Also, they cannot have any effect in Australia where specific laws are in place to deal with this situation.
- Where a provision in a will conflicts with the laws of the Faith (e.g. a provision to be cremated), neither the Local Spiritual Assembly nor the Bahá’í relatives are permitted to fulfil it. If either are made aware of the provisions prior to the death of the Bahá’í, they should attempt to deepen the believer in the significance of adhering to the laws of the Faith. Should Bahá’í relatives or the Local Spiritual Assembly discover the contents of the will following the death of the believer, they should make an effort to conduct a Bahá’í burial unless this is prohibited under civil law – in such a case, the Local Spiritual Assembly could have no part in it.
As every country has different laws and these may be quite complex, a solicitor should be used to draw up a will. The named executors are mainly responsible for the distribution of the assets and not for dealing with the funeral nor the burial. Hence it is suggested that at least one Baha’i is appointed as executor.
The civil law in relation to the making of wills is sometimes quite complex. It is, therefore, highly advisable for an individual to consult a lawyer when he makes his will to ensure that his intention is not nullified by some possible breach of the requirements of the law in the drawing up or execution of the will.
(letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, dated September 4, 1986)
The executor of a will is the person named in the will to be responsible for carrying out its requirements after death. The will is primarily an instrument dealing with the transfer of assets to beneficiaries. The executor is bound to distribute assets as he or she is directed by the will, although State legislation allows the executor some flexibility in the manner in which this is to be done. Burial or funeral requirements, on the other hand, are not binding on the executor, although a sympathetic executor would endeavour to abide by the will-maker’s wishes. It is, therefore, wise to appoint one or more Bahá’ís as executors, in order to ensure that the Bahá’í burial requirements are followed. It is important to provide copies of the will to the executors, as often the will is not located and read until after the funeral. It is important to note that, in the words of the Universal House of Justice, “neither the National or Local Spiritual Assemblies should be named as executor of a will.”
(letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, dated January 4, 1971)
Note:
- The advice against naming an institution as the executor of a will also applies to the officers of an Assembly in their official capacity.
A will should be reviewed periodically and, if necessary, altered to cover changed circumstances. Changes should be made with the help of a solicitor.
Note:
- Marriage automatically invalidates a will made prior to the marriage. Divorce or separation of the parties does not have the same effect.
When dealing with Huqúqu’lláh or with bequests to Baha’i Institutions, there are specific requirements that need to be followed. Further assistance should be sought from the Local Spiritual Assembly.
. . . unless the believer concerned leaves a clear accounting of his property and his payment of Huqúqu’lláh to date, if any, it will not be possible for anyone to calculate what remains to be paid at the time of his death. The payment of Huqúqu’lláh is an individual responsibility.
(letter from the Universal House of Justice to a National Spiritual Assembly, dated July 17, 1989)
Essentially, the Huqúqu’lláh should be paid by a believer during the course of his life whenever his surplus property reaches the assessable level. A certain leeway is provided in the law, inasmuch as reference is made to the annual expenses which should be deducted before the liability to Huqúqu’lláh is calculated. Ideally, when a Bahá’í dies, the only payment to Huqúqu’lláh which should need to be provided for in his will is such additional liability as may be found to exist when his affairs are reckoned up as at the date of his death. The House of Justice hopes that as the believers acquaint themselves with the law of Huqúqu’lláh and start to pay it, they will also learn not only how to calculate it during the course of their lives but will thereby be enabled to understand how to provide for the payment of the balance remaining at their deaths.
(letter from the Universal House of Justice to a Board of Trustees of Huqúqu’lláh, dated October 1, 1989)
Note:
- Believers are asked to make careful provision for Bahá’í documents in their wills, especially if they have non-Bahá’í relatives, by either bequeathing them to a Bahá’í institution or a trusted individual or authorising such an institution or individual to dispose of the papers in a fit manner.
- The National Spiritual Assembly has produced a Guide for Drafting Bahá’i Wills. This is designed to help individuals better understand what is needed – it does not change the strong recommendation that a solicitor is used to draw up the will.
FUNERALS/BURIALS
There are seven (7) requirements relating to the burials of believers. Three (3) are binding in the West, whilst all seven (7) are binding on Persian friends.
- …it is forbidden to carry the body for more than one hour’s journey from the place of death….
- …the body should be wrapped in a shroud of white silk or cotton…
- …on [the body’s] finger should be placed a ring bearing the inscription “I came forth from God, and return unto Him, detached from all save Him, holding fast to His Name, the Merciful, the Compassionate”…
- …the coffin should be of crystal, stone or hard fine wood…
- A specific Prayer for the Dead is ordained, to be said before interment.
- …this law prohibits cremation of the dead…
- The formal prayer and the ring are meant to be used for those who have attained the age of maturity.
(Synopsis and Codification of the Laws and Ordinances of the Kitáb-i-Aqdas, pp. 62-3)
The three (3) binding in the West are:
- to bury the body (not to cremate it)…
- not to carry it more than a distance of one hour’s journey from the place of death…
- to say the Prayer for the Dead if the deceased is a believer over the age of 15…
(letter from the Universal House of Justice to a National Spiritual Assembly, dated June 9, 1974)
Notes:
- The one hour’s journey is explained in the quote below:
The House of Justice advises that the place of death may be taken to be the city or town in which the believer passes away, and therefore the hour’s journey may be calculated from the city limits to the place of burial. However, it should be borne in mind that the spirit of Bahá’u’lláh’s law is to be buried near where one dies.
(Letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, dated July 9, 1978)
- A foetus must also be buried.
- A burial package is available from the Brisbane Bahá’i Centre of Learning (bookshop) or directly on-line from the Bahá’i Distribution Service.
The Local Spiritual Assembly of the area in which the believer lived should be immediately notified.
The Local Spiritual Assembly of the area in which the believer passed away should also be notified (if this is different from the area of residence). In addition, the Local Spiritual Assembly of the area in which the believer is to be buried must also be notified, if this is different from the other two.
The wishes of the relatives and the practicalities of the situation will determine which Local Spiritual Assembly should be contacted regarding burial arrangements.
The Regional Bahá’í Council should also be notified for record-keeping purposes and should ensure that Bahá’í burial arrangements are made if the deceased believer was from an area without a Local Spiritual Assembly.
* * *
Some specific guidance from the writings is given below. The Local Spiritual Assembly will provide full details as necessary.
The body should be prepared for burial by washing and placing in a shroud.
The preparation of the body for burial is a careful washing, and placing in a shroud of white cloth, silk preferably.
(letter written on behalf of Shoghi Effendi to an individual believer, dated April 2, 1955)
There is no mention in the Writings of how the shroud should be wrapped, although the Guardian made suggestions as shrouds are often made in pieces.
In a letter dated 1 July 1943 to an individual believer, the beloved Guardian stated that if it is not possible to have five pieces, it is permissible to use one piece, either in silk or in cotton. No text has been seen permitting the dead to be dressed, instead of being wrapped in a shroud.
(letter written on behalf of the Universal House of Justice to an individual believer, dated April 10, 1989)
There is no requirement in Australia at present for the body to be buried facing the Qiblih, although the following quote indicates it would be respectful to do so. Cemeteries may have rules on direction which may prevent it.
The position of the body in the grave should be with the feet pointing toward the Qiblih, which is Bahjí in ‘Akká.
(letter from the Universal House of Justice to a National Spiritual Assembly, dated May 4, 1972)
Permanent embalming of a body is not permitted, although a temporary process can be used if required. In Australia, usually this is not needed as bodies tend to be kept in cold storage.
When circumstances do not permit interment of the body to occur very soon after passing… the body may be embalmed, provided that the process used has the effect of temporarily retarding the natural decomposition for a period of short duration. However, the body should not be subjected to an embalming process which has the effect of preserving it without decomposition for a lengthy period; such processes often aim to preserve the body indefinitely.
(letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, dated June 17, 1988)
A Bahá’i burial service should be simple. There is no fixed ritual other than the Prayer for the Dead being read by a single person, all others remaining silent. The pronoun may be changed, but there is no need to face the Qiblih. A selection from the Bahá’i Sacred Writings is suggested, but there is no direction as to what is chosen.
The utmost simplicity and flexibility should be observed, and a selection from the Bahá’í Sacred Writings would serve the purpose at the present time, provided this selection is not rigidly and uniformly adopted on all such occasions.
(letter written on behalf of Shoghi Effendi, in Principles of Bahá’í Administration, p.14)
The Prayer for the Dead should be read in its entirety by one person, while all others stand in silence. It is not the practice for those present to repeat any part of the prayer in unison.
(letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, dated May 22, 1987)
The prayer for the dead which is obligatory appears on page 260 of ‘Prayers and Meditations’. This prayer allows for a change in gender. Other prayers for the dead are optional, but if used they are to be used as revealed.
(letter from the Universal House of Justice to a National Spiritual Assembly, dated January 17, 1967)