Shares of Inheritance (Kitab Al-Fara'id)
كتاب الفرائض
Chapter 8: Regarding The Inheritance For Those Related Due To The Womb
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.
The Messenger of Allah (ﷺ) assigned the estate of a child of a woman about whom she had invoked a curse to her mother, and to her heirs after her.
On his father's authority, said that his grandfather reported from the Prophet (ﷺ) something similar.
Chapter 10: Can A Muslim Inherit From A Disbeliever ?
The Prophet (ﷺ) as saying: A Muslim may not inherit from an infidel nor an infidel from a Muslim.
Al-Zuhri said: Khalf means valley.
The Prophet (ﷺ) said: people of two different religions would not inherit from one another.
I heard the Messenger of Allah (ﷺ) say: Islam increases and does not diminish. He, therefore, appointed a Muslim heir (of a non-Muslim).
Mu'adh bought the property of a Jew whose heir was a Muslim. He then narrated from the Prophet (ﷺ) to the same effect.
Chapter 11: Regarding One Who Accepts Islam Before The Distribution Of The Inheritance
The Prophet (ﷺ) said: An estate which was divided in pre-Islamic period may follow the division in force then, but any estate in Islamic times must follow the division laid down by Islam.
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.
The Messenger of Allah (ﷺ) as saying: The right of inheritance belongs to only to the one who paid the price (of the slave) and patronised him by doing an act of gratitude.
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 13: Regarding A Man Who Accepts Islam At The Hands Of Another
Tamim asked: Messenger of Allah), what is the sunnah about a man who accepts Islam by advice and persuasion of a Muslim? He replied: He is the nearest to him in life and in death.
Chapter 14: Regarding Selling Al-Wala'
The Messenger of Allah (ﷺ) forbade selling or giving away the right to inheritance by a manumitted slave.
Chapter 15: Regarding A Newborn Who Raises His Voice And Then Dies
The Prophet (ﷺ) said: When an infant has raised its voice (and then dies), it will be treated as an heir.
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."
"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.
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).