Chapters on Shares of Inheritance

كتاب الفرائض

Chapter 9: Relations of the womb

It wasnarrated from Miqdam Abu Karimah, a man from Sham who was oneof theCompanions of the Messenger of Allah (ﷺ), that the MessengerofAllah (ﷺ) said

“Whoever leaves behind wealth, it is for hisheirs. Whoever leaves behind poor dependents and a debt, it is for usto take care of – or he said: ‘It is for Allah and His Messenger(totake care of) – I am the heir of the one who has no heir, Iwill paythe blood money on his behalf and inherit from him. And thematernaluncle is the heir of the one who has no heir, he pays bloodmoney onhis behalf and inherits from him.”

Chapter 10: Inheritance from the male relatives from the father’s side

It wasnarrated that ‘Ali bin Abu Talib said

“The Messenger of Allah(ﷺ) ruled that the sons from the same mother inherit from oneanother, but not sons from different mothers. A man inherits from hisfull brother from the same father and mother, but not his brothersfrom his father.”

It wasnarrated that Ibn ‘Abbas said

“The Messenger of Allah (ﷺ)said: ‘Distribute wealth among those who are entitled to shares ofinheritance, according to the Book of Allah, then whatever is leftover goes to the nearest male relative.’”

Chapter 11: One who has no heir

It wasnarrated that Ibn ‘Abbas said

“A man died at the time of theMessenger of Allah (ﷺ), and he left no heir except for a slave whomhe had set free. The Messenger of Allah (ﷺ) gave the legacy tohim.”

Chapter 12: A woman may get three types of inheritance

It wasnarrated from Wathilah bin Asqa’ that the Prophet (ﷺ) said

“Awoman may get three types of inheritance: From her freed slavewoman,a foundling whom she raised, and her child concerning whom shesworein Li’an that he was legitimate.”

Chapter 13: One who rejects his child

It wasnarrated that Abu Hurairah said

“Then the Verse of Li’an wasrevealed, the Messenger of Allah (ﷺ) said: ‘Any woman whoattributedher child to people to whom he does not belong, then shehas norelation to (the religion of) Allah, and she will never enterParadise, and any man who rejects his child, while he recognizes him,Allah will screen Himself from him on the Day of Resurrection anddisgrace him before the witnesses.’”

It wasnarrated from ‘Amr bin Shu’aib, from his father, from hisgrandfather, that the Prophet (ﷺ) said

“It is disbelief for amanto attribute himself to someone other than his father knowingly,or todeny his connection to his father, even subtly.”*

Chapter 14: Claiming a child

It wasnarrated from ‘Amr bin Shu’aib, from his father, from hisgrandfather that the Messenger of Allah (ﷺ) said

“Whoevercommitsadultery with a slave woman or a free woman, his child isillegitimate, and he cannot inherit from him or be inherited from(i.e., this child cannot inherit from him).”

It wasnarrated from ‘Amr bin Shu’aib, from his father, from hisgrandfather, that the Messenger of Allah (ﷺ) said

“Every childwhois attributed to his father after his father to whom he isattributedhas died, and his heirs attributed him to him after hedied, he ruledthat* whoever was born to a slave woman whom he ownedat the time whenhe had intercourse with her, he should be namedafter the one to whomhe was attributed, but he has no share of anyinheritance that wasdistributed previously. Whatever inheritance hefinds has not yet beendistributed, he will have a share of it. Buthe cannot be named afterhis father if the man whom he claimed as hisfather did notacknowledge him. If he as born to a slave woman whomhis father didnot own, or to a free woman with whom he committedadultery, then hecannot be named after him and he does not inheritfrom him, even ifthe one whom he claims as his father acknowledgeshim. So he is anillegitimate child who belongs to his mother’speople, whoever theyare, whether she is a free woman or a slave.”

Chapter 15: Prohibition of selling the right of inheritance

It wasnarrated that Ibn ‘Umar said

“The Messenger of Allah (ﷺ)forbade selling the right of inheritance or giving it away.”

It wasnarrated that Ibn ‘Umar said

The Messenger of Allah (ﷺ)forbadeselling the right of inheritance, or giving it as a gift.

Chapter 16: Division of inheritance

It wasnarrated from ‘Abdullah bin ‘Umar that the Messenger of Allah(ﷺ) said

“Whatever division of inheritance was made during theIgnorance period, stands according to the division of the Ignoranceperiod, and whatever division of inheritance was made during Islam,itstands according to the division of Islam.”

Chapter 17: If a newborn cries, he is an heir

It wasnarrated from Jabir that the Messenger of Allah (ﷺ) said

“If thechild has cired, the (funeral) prayer should be offered forhim (ifhe dies) and he is an heir.”

It wasnarrated from Jabir bin ‘Abdullah and Miswar bin Makhrumahthat theMessenger of Allah (ﷺ) said

“No child inherits until heraiseshis voice or cries.”

Chapter 18: A man who becomes Muslim at the hands of another

It wasnarrated that ‘Abdullah bin Mawhab said

“I heard Tamim Ad-Darisay: ‘I said: O Messenger of Allah, what is the Sunnah concerningaman from among the People of the Book who becomes a Muslim at thehands of another man?’ He said: ‘He is the closest of all peopletohim in life and in death.’”