In referring to the House of Justice in the Kitab-i-Aqdas, Baha'u'llah
does not always explicitly distinguish between the Universal House of
Justice and the Local House of Justice, both of which institutions are
ordained in that Book. He usually refers simply to "the House of Justice",
leaving open for later clarification the level or levels of the whole
institution to which each law would apply.
In a Tablet enumerating the revenues of the local treasury, 'Abdu'l-Baha
includes those inheritances for which there are no heirs, thus indicating
that the House of Justice referred to in these passages of the Aqdas
relating to inheritance is the local one.
43. Should the deceased leave offspring, but none of the other categories
of heirs #22
Baha'u'llah clarifies that "This ruling hath both general and specific
application, which is to say that whenever any category of this latter
class of heirs is absent, two thirds of their inheritance pass to the
offspring and the remaining third to the House of Justice" (Q and A 7).
44. We have assigned the residence and personal clothing of the deceased
to the male, not female, offspring, nor to the other heirs. #25
In a Tablet, 'Abdu'l-Baha indicates that the residence and personal
clothing of a deceased man remain in the male line. They pass to the
eldest son and in the absence of the eldest son, they pass to the
second-eldest son, and so on. He explains that this provision is an
expression of the law of primogeniture, which 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, he has the moral responsibility, for the
sake of God, to care for his mother and also to consider the needs of the
other heirs.
Baha'u'llah clarifies various aspects of this part of the law of
inheritance. He specifies that if there be more than one residence, the
principal and most important one passes to the male offspring. The
remaining residences will, together with the other possessions of the
deceased, have to be divided among the heirs (Q and A 34), and He
indicates that in the absence of male offspring, two thirds of the
principal residence and the personal clothing of the deceased father will
revert to the female issue and one third to the House of Justice (Q and A
72). Further, when the deceased is a woman, Baha'u'llah states that all
her used clothing is to be equally divided amongst her daughters. Her
unworn clothing, jewels and property must be divided among her heirs, as
well as her used clothing if she leaves no daughter (Q and A 37).
45. Should the son of the deceased have passed away in the days of his
father and have left children, they will inherit their father's share #26
This aspect of the law applies only in the case of the son who predeceases
his father or mother. If the daughter of the deceased be dead and leave
issue, her share will have to be divided according to the seven categories
specified in the Most Holy Book (Q and A 54).
46. If the deceased should leave children who are under age, their share
of the inheritance must be entrusted to a reliable individual #27
The word "amin", translated in this paragraph as "reliable individual" and
"trustee", conveys in Arabic a wide range of meanings connected
principally with the idea of trustworthiness, but signifying also such
qualities as reliability, loyalty, faithfulness, uprightness, honesty, and
so forth. Used in legal parlance "amin" denotes, among other things, a
trustee, guarantor, custodian, guardian, and keeper.
47. Division of the estate should take place only after the Huququ'llah
hath been paid, any debts have been settled, the expenses of the funeral
and burial defrayed #28
Baha'u'llah specifies that the order of precedence for payment of these
expenses is first the funeral and burial expenses, then the debts of the
deceased, then the Huququ'llah (see note 125) (Q and A 9). He also
specifies that when applying the estate to these, payment must first be
made out of the residue of the estate and then, if this is insufficient,
out of the residence and personal clothing of the deceased (Q and A 80).
48. This is that hidden knowledge which shall never change, since its
beginning is with nine #29
In the Arabic Bayan the Bab described His inheritance law as being "in
accordance with a hidden knowledge in the Book of God--a knowledge that
shall never change or be replaced". He also stated that the numbers by
which the division of the inheritance was expressed had been invested with
a significance intended to aid in the recognition of Him Whom God will
make manifest.
The "nine" mentioned here is represented in the Arabic text by the letter
"Ta", which is its equivalent in the abjad notation (see Glossary). It is
the first element of the Bab's division of inheritance, where He
designates "nine parts" as the share of the children. The significance of
nine lies in its being the numerical equivalent of the Greatest Name
"Baha", alluded to in the next part of this verse as "the concealed and
manifest, the inviolable and unapproachably exalted Name". (See also note
33.)
49. The Lord hath ordained that in every city a House of Justice be
established #30
The institution of the House of Justice consists of elected councils which
operate at the local, national and international levels of society.
Baha'u'llah ordains both the Universal House of Justice and the Local
Houses of Justice in the Kitab-i-Aqdas. 'Abdu'l-Baha, in His Will and
Testament, provides for the Secondary (National or Regional) Houses of
Justice and outlines the method to be pursued for the election of the
Universal House of Justice.
In the verse cited above, the reference is to the Local House of Justice,
an institution which is to be elected in a locality whenever there are
nine or more resident adult Baha'is. For this purpose, the definition of
adult was temporarily fixed at the age of 21 years by the Guardian, who
indicated it was open to change by the Universal House of Justice in the
future.
Local and Secondary Houses of Justice are, for the present, known as Local
Spiritual Assemblies and National Spiritual Assemblies. Shoghi Effendi has
indicated that this is a "temporary appellation" which,
...as the position and aims of the Baha'i Faith are better
understood and more fully recognized, will gradually be superseded
by the permanent and more appropriate designation of House of
Justice. Not only will the present-day Spiritual Assemblies be
styled differently in future, but they will be enabled also to add
to their present functions those powers, duties, and prerogatives
necessitated by the recognition of the Faith of Baha'u'llah, not
merely as one of the recognized religious systems of the world,
but as the State Religion of an independent and Sovereign Power.