Hadith Text & Reference

The Prophet (ﷺ) said: "Divide the property among those whose share have been prescribed in the Book of Allah, and what remains from the prescribed shares goes to the nearest male heirs."

Reference: Sunan Abi Dawud 2898, Book: Shares of Inheritance (Kitab Al-Fara'id)

Primary Meaning & Context

This hadith establishes the fundamental principle of Islamic inheritance law: first distribute the fixed shares (fara'id) to those entitled by the Qur'an, then allocate the remainder to the closest male agnatic relatives ('asabah).

The "Book of Allah" refers to the specific shares detailed in Surah An-Nisa (4:11-12), where Allah prescribed fixed portions for spouses, parents, daughters, and siblings.

Explanation of Key Terms

Fara'id: The fixed shares prescribed in the Qur'an that take precedence in distribution.

Nearest Male Heirs ('Asabah): Male relatives who inherit the remainder after fixed shares are distributed, primarily sons, fathers, brothers, and paternal uncles.

This system ensures both justice for those with fixed rights and completion of distribution through agnatic succession.

Scholarly Commentary

Imam Al-Khattabi explains that this hadith demonstrates the comprehensive nature of Islamic inheritance, combining both divine prescription and natural familial rights.

Ibn Qudamah notes that the "nearest male heirs" are determined by proximity in relationship to the deceased, with closer relatives excluding more distant ones.

Scholars emphasize that this hierarchy prevents disputes and ensures systematic distribution according to both revelation and reason.

Practical Application

First calculate and distribute the obligatory shares to spouses, parents, daughters, etc., as specified in the Qur'an.

Any remaining estate (residue) is then given to the closest male relatives, starting with sons, then fathers, then full brothers, and so on.

This method ensures no property remains undistributed while maintaining the rights of all legitimate heirs.