Laws of Inheritance (Al-Faraa'id)

كتاب الفرائض

Chapter 13: The inheritance of the sisters and brothers

Narrated Jabir

While I was sick, the Prophet (ﷺ) entered upon me and asked for some water to perform ablution, and after he had finished his ablution, he sprinkled some water of his ablution over me, whereupon I became conscious and said, "O Allah's Messenger (ﷺ)! I have sisters." Then the Divine Verses regarding the laws of inheritance were revealed.

Chapter 14: “They ask you for a legal verdict. Say: ‘Allah directs about Al-Kalalah…”

Narrated Al-Bara

The last Qur'anic Verse that was revealed (to the Prophet) was the final Verse of Surat-an-Nisa, i.e., 'They ask you for a legal verdict Say: Allah directs (thus) About those who leave No descendants or ascendants as heirs....' (4.176)

Chapter 15: The heirs of a lady who dies, leaving two cousins – her maternal brother and her husband.

Ali said to the husband of the half, and for the brother from the mother of the bastard, and what remained between them is a class.
Narrated Abu Huraira

Allah's Messenger (ﷺ) said, "I am more closer to the believers than their ownselves, so whoever (among them) dies leaving some inheritance, his inheritance will be given to his 'Asaba, and whoever dies leaving a debt or dependants or destitute children, then I am their supporter."

Narrated Ibn `Abbas

The Prophet (ﷺ) said, "Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive it; and whatever is left should be given to the closest male relative of the deceased."

Chapter 16: Kindred by blood

Narrated Ibn `Abbas

Regarding the Holy Verse:--'And to everyone, We have appointed heirs..' And:-- (4.33) 'To those also to Whom your right hands have pledged.' (4.33) When the emigrants came to Medina, the Ansar used to be the heir of the emigrants (and vice versa) instead of their own kindred by blood (Dhawl-l-arham), and that was because of the bond of brotherhood which the Prophet (ﷺ) had established between them, i.e. the Ansar and the emigrants. But when the Divine Verse:-- 'And to everyone We have appointed heirs,' (4.33) was revealed, it cancelled the other, order i.e. 'To those also, to whom Your right hands have pledged.'

Chapter 17: The inheritance in the case of Mula’ana

Narrated Ibn `Umar

A man and his wife had a case of Lian (or Mula'ana) during the lifetime of the Prophet (ﷺ) and the man denied the paternity of her child. The Prophet (ﷺ) gave his verdict for their separation (divorce) and then the child was regarded as belonging to the wife only.

Chapter 18: The child is for the owner of the bed

Narrated `Aisha

`Utba (bin Abi Waqqas) said to his brother Sa`d, "The son of the slave girl of Zam`a is my son, so be his custodian." So when it was the year of the Conquest of Mecca, Sa`d took that child and said, "He is my nephew, and my brother told me to be his custodian." On that, 'Abu bin Zam`a got up and said, 'but the child is my brother, and the son of my father's slave girl as he was born on his bed." So they both went to the Prophet. Sa`d said, "O Allah's Messenger (ﷺ)! (This is) the son of my brother and he told me to be his custodian." Then 'Abu bin Zam`a said, "(But he is) my brother and the son of the slave girl of my father, born on his bed." The Prophet (ﷺ) said, "This child is for you. O 'Abu bin Zam`a, as the child is for the owner of the bed, and the adulterer receives the stones." He then ordered (his wife) Sauda bint Zam`a to cover herself before that boy as he noticed the boy's resemblance to `Utba. Since then the boy had never seen Sauda till he died.

Narrated Abu Huraira

The Prophet (ﷺ) said, "The boy is for the owner of the bed."

Chapter 19: Al-Wala’ is for the manumitter

Omar Al -Laqit said free.
Narrated `Aisha

I bought Barira (a female slave). The Prophet (ﷺ) said (to me), "Buy her as the Wala' is for the manumitted." Once she was given a sheep (in charity). The Prophet (ﷺ) said, "It (the sheep) is a charitable gift for her (Barira) and a gift for us." Al-Hakam said, "Barira's husband was a free man." Ibn `Abbas said, 'When I saw him, he was a slave."

Narrated Ibn `Umar

The Prophet (ﷺ) said, "The Wala' is for the manumitted (of the slave).

Chapter 20: The heir of the Sa'iba

Narrated `Abdullah

The Muslims did not free slaves as Sa'iba, but the People of the Pre-lslamic Period of Ignorance used to do so.

Narrated Al-Aswad

`Aisha bought Barira in order to manumit her, but her masters stipulated that her Wala' (after her death) would be for them. `Aisha said, "O Allah's Messenger (ﷺ)! I have bought Barira in order to manumit her, but her masters stipulated that her Wala' will be for them." The Prophet (ﷺ) said, "Manumit her as the Wala is for the one who manumits (the slave)," or said, "The one who pays her price." Then `Aisha bought and manumitted her. After that, Barira was given the choice (by the Prophet) (to stay with her husband or leave him). She said, "If he gave me so much and so much (money) I would not stay with him." (Al-Aswad added: Her husband was a free man.) The sub-narrator added: The series of the narrators of Al-Aswad's statement is incomplete. The statement of Ibn `Abbas, i.e., when I saw him he was a slave, is more authentic.

Chapter 21: The sin of the freed slave who denies his master who has freed him.

Narrated `Ali

We have no Book to recite except the Book of Allah (Qur'an) and this paper. Then `Ali took out the paper, and behold ! There was written in it, legal verdicts about the retaliation for wounds, the ages of the camels (to be paid as Zakat or as blood money). In it was also written: 'Medina is a sanctuary from Air (mountain) to Thaur (mountain). So whoever innovates in it an heresy (something new in religion) or commits a crime in it or gives shelter to such an innovator, will incur the curse of Allah, the angels and all the people, and none of his compulsory or optional good deeds will be accepted on the Day of Resurrection. And whoever (a freed slave) takes as his master (i.e. be-friends) some people other than hi real masters without the permission of his real masters, will incur the curse of Allah, the angels and all the people, and none of his compulsory, or optional good deeds will be accepted on the Day of Resurrection. And the asylum granted by any Muslim is to be secured by all the Muslims, even if it is granted by one of the lowest social status among them; and whoever betrays a Muslim, in this respect will incur the curse of Allah, the angels, and all the people, and none of his Compulsory or optional good deeds will be accepted on the Day of Resurrection."

Narrated Ibn `Umar

The Prophet (ﷺ) forbade the selling of the Wala' (of slaves) or giving it as a present.

Chapter 22: If someone is converted to Islam through somebody else

And goodness was not seen for him. And the Prophet, may God’s prayers and peace be upon him, said: “The righteous for those who fear.” It is reminded of Tamim al -Dari, who raised it, he said: “He is the first of the people with his greeting and his deaths.” And they differed in the validity of this news.
Narrated Ibn `Umar

That Aisha, the mother of the Believers, intended to buy a slave girl in order to manumit her. The slave girl's master said, "We are ready to sell her to you on the condition that her Wala should be for us." Aisha mentioned that to Allah's Messenger (ﷺ) who said, "This (condition) should not prevent you from buying her, for the Wala is for the one who manumits (the slave)."

Narrated Al-Aswad

Aisha said, "I bought Barira and her masters stipulated that the Wala would be for them." Aisha mentioned that to the Prophet (ﷺ) and he said, "Manumit her, as the Wala is for the one who gives the silver (i.e. pays the price for freeing the slave)." Aisha added, "So I manumitted her. After that, the Prophet caller her (Barira) and gave her the choice to go back to her husband or not. She said, "If he gave me so much and so much (money) I would not stay with him." So she selected her ownself (i.e. refused to go back to her husband)."

Chapter 23: What a woman can inherit of the Wala’ (in the book it is given women)

Narrated Ibn `Umar

When Aisha intended to buy Barira, she said to the Prophet, "Barira's masters stipulated that they will have the Wala." The Prophet (ﷺ) said (to Aisha), "Buy her, as the Wala is for the one who manumits."

Narrated Aisha

Allah's Messenger (ﷺ) said, "The wala is for the one who gives the silver (pays the price) and does the favor (of manumission after paying the price).

Chapter 24: The freed slave belongs to the people who have freed him

Narrated Anas bin Malik

The Prophet (ﷺ) said, "The freed slave belongs to the people who have freed him," or said something similar.

Narrated Anas bin Malik

The Prophet (ﷺ) said, "The son of the sister of some people is from them or from their own selves."