Shares of Inheritance (Kitab Al-Fara'id)
كتاب الفرائض
Chapter 16: The Abrogation Of Inheritance Due To Alliances By Inheritance Due To Relations
"To those also, to whom your right hand was pledged, give your portion." When the Emigrants came to Medina. they inherited from the Helpers without any blood-relationship with them for the brotherhood which the Messenger of Allah (ﷺ) established between them. When the following verse was revealed: "To (benefit) everyone we have appointed shares and heirs to property left by parent and relatives." it abrogated the verse: "To those also, to whom your right hand was pledged, give their due portion." This alliance was made for help, well wishing and cooperation. Now a legacy can be made for him. (The right to)inheritance was abolished.
Chapter 17: Regarding Allegiances
The Messenger of Allah (ﷺ) established an alliance (of brotherhood) between the Emigrants and the Helpers in our house. He was asked: Did not the Messenger of Allah (ﷺ) say: There is no alliance in Islam ? He replied: The Messenger of Allah (ﷺ) established an alliance between the Emigrants and the Helpers in our house. This he said twice or thrice.
Chapter 6: What Has Been Related About The Grandfather's Inheritance
Which of your knows what share the Messenger of Allah (ﷺ) had given to the grandfather from the estate? Ma'qil ibn Yasar said: The Messenger of Allah (ﷺ) gave him a sixth. He asked: Along with whom? He replied: I do not know. He said: You do not know; what is the use then?
Chapter 7: Regarding The Inheritance For Al-'Asabah
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.
Chapter 8: Regarding The Inheritance For Those Related Due To The Womb
A client of the Prophet (ﷺ) died and left some property, but he left no child or relative. The Messenger of Allah (ﷺ) said: Give what he has left to a man belonging to his village.
Abu Dawud said: The tradition of Sufyan is more perfect. Musaddad said: Thereupon the Prophet (ﷺ) said: Is there anyone belonging to his land ? They replied: Yes. He said: Then give him what he has left.
Chapter 10: Can A Muslim Inherit From A Disbeliever ?
The Prophet (ﷺ) said: people of two different religions would not inherit from one another.
Chapter 6: What Has Been Related About The Grandfather's Inheritance
A man came to the Prophet (ﷺ) and said: My son has died; what do I receive from his estate? He replied: You receive a sixth. When he turned away he called him and said: You receive another sixth. When he turned away, he called him and said: The other sixth is an allowance (beyond what is due).
Qatadah said: They (the Companions) did not know the heirs with whom he was given (a sixth). Qatadah said: The minimum share given to the grandfather was a sixth.
Chapter 8: Regarding The Inheritance For Those Related Due To The Womb
The Prophet (ﷺ) said: If anyone leaves a debt or a helpless family I shall be responsible-and sometimes the narrator said: Allah and His Apostle will be responsible-but if anyone leaves property, it goes to his heirs. I am the heirs of him who has none, paying blood-wit for him and inheriting from him; and a maternal uncle is the heir of him who has none, paying blood-wit for him and inheriting from him.
The Prophet (ﷺ) said: I am nearer to every believer than himself, so if anyone leaves a debt or a helpless family, I shall be responsible, but if anyone leaves property, it goes to his heirs. I am patron of him who has none, inheriting his property and freeing him from his liabilities. A maternal uncle is patron of him who has none, inheriting his property and freeing him from his liabilities.
Abu Dawud said: da'iah means dependants or helpless family.
Abu Dawud said: This tradition has been transmitted by al-Zubaidi from Rashid b. Sa'd from Ibn 'A'idh on the authority of al-Miqdam. It has also been transmitted by Mu'awiyah b. Salih from Rashid who said: I heard al-Miqdam (say).
I heard the Messenger of Allah (ﷺ) say: I am the heirs of Him who has none, freeing him from his liabilities, and inheriting what he possesses. A maternal uncle is the heir of Him who has none, freeing him from his liabilities, and inheriting his property.
A man came to the Messenger of Allah (ﷺ) and said: I have property left by a man of Azd. I do not find any man of Azd to give it to him. He said: Go and look for man of Azd for a year. He then came to him after one year and said: Messenger of Allah, I did not find any man of Azd to give it to him. He said: Look for a man of Khuza'ah whom you meet first and give it to him. When he turned away, he said; Call the man to me. When he came to him, he said: Look for the leading man of Khuza'ah and give it to him.
A man of Khuza'ah died and his estate was brought to the Prophet (ﷺ). He said: Look for his heir or some relative. But they found neither heir nor relative. The Messenger of Allah (ﷺ) said: Give it to the leading man of Khuza'ah. The narrator Yahya said: Sometimes I heard him (al-Husayn ibn Aswad) say in this tradition: Look for the greatest man of Khuza'ah.
A man died leaving no heir but a slave whom he had emancipated. The Messenger of Allah (ﷺ) asked: Has he any heir? They replied: No, except a slave whom he had emancipated. The Messenger of Allah (ﷺ) assigned his estate to him (the emancipated slave).
Chapter 9: Inheritance For The Child In The Case Of Li'an
The Prophet (ﷺ) said: A woman gets inheritance from the three following: one she has set free, a foundling, and her child about whom she has invoked a curse on herself if she was untrue in declaring he was not born out of wedlock.
Chapter 12: Regarding Al-Wala'
'Aishah, mother of believers (ra), intended to buy a slave-girl to set her free. Her people said: We shall sell her to you on one condition that we shall inherit from her. 'Aishah mentioned it to the Messenger of Allah (ﷺ). He said: That should not prevent you, for the right of inheritance belongs to the one who has set a person free.
On his father's authority, said that his grandfather reported: Rabab ibn Hudhayfah married a woman and three sons were born to him from her. Their mother then died. They inherited her houses and had the right of inheritance of her freed slaves.
Amr ibn al-'As was the agnate of her sons. He sent them to Syria where they died. Amr ibn al-'As then came. A freed slave of hers died and left some property. Her brothers disputed with him and brought the case to Umar ibn al-Khattab.
Umar reported the Messenger of Allah (ﷺ) as saying: Whatever property a son or a father receives as an heir will go to his agnates, whoever they may be. He then wrote a document for him, witnessed by AbdurRahman ibn Awf, Zayd ibn Thabit and one other person. When AbdulMalik became caliph, they presented the case to Hisham ibn Isma'il or Isma'il ibn Hisham (the narrator is doubtful).
He sent them to 'Abd al-Malik who said: This is the decision which I have already seen.
The narrator said: So he ('Abd al-Malik) made the decision on the basis of the document of Umar ibn al-Khattab, and that is still with us till this moment.
Chapter 16: The Abrogation Of Inheritance Due To Alliances By Inheritance Due To Relations
To those also, to whom your right hand was pledged, give their due portion. A man made an agreement with another man (in early days of Islam), and there was no relationship between the ; one of them inherited from the other. The following verse of Surat Al-Anfal abrogated it: "But kindred by blood have prior right against each other."
I used to learn the reading of the Qur'an from Umm Sa'd, daughter of al-Rabi'. She was an orphan in the guardianship of Abu Bakr. I read the Qur'anic verse "To those also to whom your right hand was pledged." She said: Do not read the verse; "To those also to whom your right hand was pledged." This was revealed about Abu Bakr and his son 'Abd al-Rahman when he refused to accept Islam. Abu Bakr took an oath that he would not give him a share from inheritance. When he embraced Islam Allah Most High commanded His Prophet (ﷺ) to give him the share.
The narrator 'Abd al-Aziz added: He did not accept Islam until he was urged on Islam by sword.
Abu Dawud said: He who narrated the word 'aqadat means a pact ; and he who narrated the word 'aaqadat means the party who made a pact. The correct is the tradition of Talhah ('aaqadat).
Referring to the verse: "Those who believed and adopted exile... As to those who believed but came not into exile": A bedouin (who did not migrate to Medina) did not inherit from an emigrant, and an emigrant did no inherit from him. It was abrogated by the verse: "But kindred by blood have prior rights against each other."
Chapter 18: Regarding A Woman Inheriting From The Blood Money Of Her Husband
Sa'id said: Umar ibn al-Khattab said: Blood-money is meant for the clan of the slain, and she will not inherit from the blood-money of her husband. Ad-Dahhak ibn Sufyan said: The Messenger of Allah (ﷺ) wrote to me that I should give a share to the wife of Ashyam ad-Dubabi from the blood-money of her husband. So Umar withdrew his opinion.
Ahmad ibn Salih said: AbdurRazzaq transmitted this tradition to us from Ma'mar, from az-Zuhri on the authority of Sa'id. In this version he said: The Prophet (ﷺ) made him governor over the bedouins.