Shares of Inheritance (Kitab Al-Fara'id)

Ahmad ibn 'Amr ibn al-Sarh narrated to us: Ibn Wahb informed us: 'Abd al-Rahman ibn Ziyad narrated to me, from 'Abd al-Rahman ibn Rafi' al-Tanukhi, from 'Abd Allah ibn 'Amr ibn al-'As, that the Messenger of Allah (ﷺ) said: ‘Knowledge is threefold; anything beyond that is surplus: a clear verse, an established Sunnah, or a justly proportioned obligation.’

Ahmad ibn Hanbal narrated to us: Sufyan said: I heard Ibn al-Munkadir say that he heard Jabir say: ‘I fell ill, and the Prophet (ﷺ) and Abu Bakr came to visit me on foot. I had lost consciousness and could not speak to him. He performed ablution and poured the water over me, and I regained consciousness. I said: “Messenger of Allah, what should I do with my property? I have sisters.”’ Then the verse on inheritance was revealed: ‘They ask you for a ruling. Say: Allah gives you a ruling concerning kalalah [a person who dies without direct heirs].’’

Uthman ibn Abi Shaybah narrated to us: Kathir ibn Hisham narrated to us: Hisham—the narrator meant is al-Dastawa'i—narrated to us, from Abu al-Zubayr, from Jabir, who said: ‘I fell ill, and I had seven sisters. The Messenger of Allah (ﷺ) came in to see me and blew toward my face, so I regained consciousness. I said: “Messenger of Allah, may I bequeath one-third of my property to my sisters?” He replied: “That is good.” I asked: “Half?” He replied: “That is good.” Then he went out and left me. He said: “Jabir, I do not think you will die of this illness. Allah has revealed [a ruling] and clarified what is due to your sisters, assigning them two-thirds.”’ Jabir used to say: ‘This verse was revealed concerning me: “They ask you for a ruling. Say: Allah gives you a ruling concerning kalalah.”’

Muslim ibn Ibrahim narrated to us: Shu'bah narrated to us, from Abu Ishaq, from al-Bara' ibn 'Azib, who said: ‘The last verse revealed concerning kalalah was: “They ask you for a ruling. Say: Allah gives you a ruling concerning kalalah.”’

Mansur ibn Abi Muzahim narrated to us: Abu Bakr narrated to us, from Abu Ishaq, from al-Bara' ibn 'Azib, who said: A man came to the Prophet (ﷺ) and said: ‘Messenger of Allah, they ask you about kalalah. What is kalalah?’ He replied: ‘The verse of summer is sufficient for you.’ I asked Abu Ishaq: ‘Is it someone who dies leaving neither a child nor a parent?’ He said: ‘That is what they thought it meant.’

'Abd Allah ibn 'Amir ibn Zurarah narrated to us: 'Ali ibn Mushir narrated to us, from al-A'mash, from Abu Qays al-Awdi, from Hudhayl ibn Shurahbil al-Awdi, who said: A man came to Abu Musa al-Ash'ari and Salman ibn Rabi'ah and asked them about a daughter, a son's daughter, and a full sister. They replied: ‘The daughter receives half, and the full sister receives half. They gave the son's daughter no share. Go to Ibn Mas'ud; he will agree with us.’ The man went to him and asked, telling him what the two had said. Ibn Mas'ud replied: ‘If I did that, I would have gone astray and would not be among the rightly guided. Rather, I will rule in this case according to the Prophet's ruling: the daughter receives half; the son's daughter receives a share completing two-thirds; and whatever remains belongs to the full sister.’

Musaddad narrated to us: Bishr ibn al-Mufaddal narrated to us: 'Abd Allah ibn Muhammad ibn 'Aqil narrated to us, from Jabir ibn 'Abd Allah, who said: ‘We went out with the Messenger of Allah (ﷺ) until we came upon a woman of the Ansar in the marketplace. The woman brought her two daughters and said: “Messenger of Allah, these are the daughters of Thabit ibn Qays, who was killed with you on the day of Uhud. Their paternal uncle has taken possession of all their property and inheritance and left them nothing. What do you think, Messenger of Allah? By Allah, they will never be married unless they have property.”’ The Messenger of Allah (ﷺ) replied: ‘Allah will decide the matter.’ The chapter of Women was then revealed: ‘Allah instructs you concerning your children’s [inheritance] ...’ The Messenger of Allah (ﷺ) said: ‘Call the woman and her companion to me.’ He said to their paternal uncle: ‘Give them two-thirds, give their mother one-eighth, and what remains is yours.’ Abu Dawud said: ‘Bishr made a mistake in this report. They were the daughters of Sa'd ibn al-Rabi'; Thabit ibn Qays was killed on the day of Yamamah.’’

Ibn al-Sarh narrated to us: Ibn Wahb narrated to us: Dawud ibn Qays and others among the people of knowledge informed me, from 'Abd Allah ibn Muhammad ibn 'Aqil, from Jabir ibn 'Abd Allah, that Sa'd ibn al-Rabi's wife said: ‘Messenger of Allah, Sa'd has died and left two daughters.’ The narrator related the rest in a similar way. Abu Dawud said: ‘This is the correct version.’

Musa ibn Isma'il narrated to us: Aban narrated to us: Qatadah narrated to us: Abu Hassan narrated to me, from al-Aswad ibn Yazid, that Mu'adh ibn Jabal assigned inheritances to a sister and a daughter, giving each of them half. He was in Yemen at the time, while the Prophet of Allah (ﷺ) was still alive.

Al-Qa'nabi narrated to us, from Malik, from Ibn Shihab, from 'Uthman ibn Ishaq ibn Kharashah, from Qabisah ibn Dhu'ayb, who said: ‘A grandmother came to Abu Bakr al-Siddiq asking for her inheritance. He said: “There is nothing for you in the Book of Allah Most High, and I know nothing for you in the Sunnah of the Messenger of Allah (ﷺ). Go back until I ask the people.” He asked the people, and al-Mughirah ibn Shu'bah said: “I was present with the Messenger of Allah (ﷺ) when he gave her one-sixth.” Abu Bakr said: “Is there anyone else with you?” Muhammad ibn Maslamah stood and said the same as al-Mughirah ibn Shu'bah. So Abu Bakr confirmed that for her.” Then another grandmother came to 'Umar ibn al-Khattab (may Allah be pleased with him), asking for her inheritance. He said: “There is nothing for you in the Book of Allah Most High. The ruling already made was for someone other than you, and I will not add to the prescribed shares. But it is that one-sixth: if you two share it, it is between you; if either of you is alone with it, it is hers.”’

Muhammad ibn 'Abd al-'Aziz ibn Abi Rizmah narrated to us: My father informed me: 'Ubayd Allah Abu al-Munib al-'Ataki narrated to us, from Ibn Buraydah, from his father, that the Prophet (ﷺ) assigned a grandmother one-sixth if there was no mother nearer [to the deceased] than her.

Muhammad ibn Kathir informed us: Hammam informed us, from Qatadah, from al-Hasan, from 'Imran ibn Husayn, that a man came to the Prophet (ﷺ) and said: ‘My son's son has died. What do I inherit from him?’ He replied: ‘One-sixth is yours.’ When the man turned away, the Prophet called him back and said: ‘Another sixth is yours.’ When the man turned away, he called him back and said: ‘The other sixth is an additional portion.’ Qatadah said: ‘They did not know alongside which other heirs he was assigned a share.’ Qatadah also said: ‘The least that a grandfather inherited was one-sixth.’

Wahb ibn Baqiyyah narrated to us, from Khalid, from Yunus, from al-Hasan, that 'Umar said: ‘Which of you knows what inheritance share the Messenger of Allah (ﷺ) assigned to a grandfather?’ Ma'qil ibn Yasar said: ‘I do. The Messenger of Allah (ﷺ) assigned him one-sixth.’ 'Umar asked: ‘Alongside whom?’ He replied: ‘I do not know.’ 'Umar said: ‘Then you do not know—so what use is that?’’

Ahmad ibn Salih and Makhlad ibn Khalid narrated to us—this is Makhlad's version, which is more detailed. He said: 'Abd al-Razzaq narrated to us: Ma'mar narrated to us, from Ibn Tawus, from his father, from Ibn 'Abbas, who said that the Messenger of Allah (ﷺ) said: ‘Distribute the property among those entitled to fixed shares according to the Book of Allah. Whatever remains after the fixed shares goes to the nearest male heir.’

Hafs ibn 'Umar narrated to us: Shu'bah narrated to us, from Budayl, from 'Ali ibn Abi Talhah, from Rashid ibn Sa'd, from Abu 'Amir al-Hawzani, 'Abd Allah ibn Luhay, from al-Miqdam, who said that the Messenger of Allah (ﷺ) said: ‘Whoever leaves a burden [of dependants], then it falls to me.’ The transmitter sometimes said: ‘It falls to Allah and His Messenger.’ ‘Whoever leaves property, it belongs to his heirs. I am the heir of one who has no heir: I pay his blood-money and inherit from him. The maternal uncle is the heir of one who has no heir: he pays blood-money on his behalf and inherits from him.’

Sulayman ibn Harb narrated to us—along with others, they said: Hammad narrated to us, from Budayl—meaning Ibn Maysarah—from 'Ali ibn Abi Talhah, from Rashid ibn Sa'd, from Abu 'Amir al-Hawzani, from al-Miqdam al-Kindi, who said that the Messenger of Allah (ﷺ) said: ‘I have a greater claim over every believer than he has over himself. Whoever leaves a debt or dependants, then they fall to me; whoever leaves property, it belongs to his heirs. I am the patron of one who has no patron: I inherit his property and release him from captivity. The maternal uncle is the patron of one who has no patron: he inherits his property and releases him from captivity.’ Abu Dawud said: ‘Al-Zubaydi related it from Rashid ibn Sa'd, from Ibn 'A'id, from al-Miqdam; Mu'awiyah ibn Salih related it from Rashid, who said: “I heard al-Miqdam.”’ Abu Dawud said: ‘Day'ah means dependants.’

'Abd al-Salam ibn 'Atiq al-Dimashqi narrated to us: Muhammad ibn al-Mubarak narrated to us: Isma'il ibn 'Ayyash narrated to us, from Yazid ibn Hujr, from Salih ibn Yahya ibn al-Miqdam, from his father, from his grandfather, who said: I heard the Messenger of Allah (ﷺ) say: ‘I am the heir of one who has no heir; I release his captive and inherit his property. The maternal uncle is the heir of one who has no heir; he releases his captive and inherits his property.’

Musaddad narrated to us: Yahya narrated to us: Shu'bah narrated to us. [Another chain:] 'Uthman ibn Abi Shaybah narrated to us: Waki' ibn al-Jarrah narrated to us, from Sufyan. Both routes are from Ibn al-Asbahani, from Mujahid ibn Wardan, from 'Urwah, from 'A'ishah (may Allah be pleased with her), that a freedman of the Prophet (ﷺ) died, leaving property but no child or close relative. The Prophet (ﷺ) said: ‘Give his inheritance to a man from his village.’ Abu Dawud said: ‘Sufyan's report is fuller.’ Musaddad's version adds that the Prophet (ﷺ) said: ‘Is there anyone here from his land?’ They replied: ‘Yes.’ He said: ‘Then give him his inheritance.’

'Abd Allah ibn Sa'id al-Kindi narrated to us: al-Muharibi narrated to us, from Jibril ibn Ahmar, from 'Abd Allah ibn Buraydah, from his father, who said: A man came to the Prophet (ﷺ) and said: ‘I hold the inheritance of a man from Azd, but I cannot find an Azdi to whom I may deliver it.’ He replied: ‘Go and seek an Azdi for a year.’ The man came to him after a year and said: ‘Messenger of Allah, I could not find an Azdi to whom to deliver it.’ He replied: ‘Go and look for the first man of Khuza'ah you meet and give it to him.’ As the man turned away, the Prophet said: ‘Bring the man back to me.’ When he returned, he said: ‘Look for the senior man of Khuza'ah and give it to him.’