Inheritance and Wills

كتاب الفرائض والوصايا

Chapter 1: Shares of Inheritance - Section 1

‘A’isha’s tradition, “The right of inheritance belongs only ...” has been mentioned in a chapter preceding that on payment in advance, and we shall mention the tradition of al-Bara’, “A maternal aunt is in the position of a mother” in the chapter on young people attaining puberty and their guardianship in childhood (Book 13, Ch. 19), if God most high will.

He reported God’s Messenger as saying, “A sister’s son has blood- relationship to her family.” (Bukhari and Muslim.)

Chapter 2: Shares of Inheritance - Section 2

Jabir reported God’s Messenger as saying, “When an infant has raised its voice and then dies*, prayer is offered over it and it is treated as an heir.” *"And then dies” does not occur in the text, but is obviously to be understood from the context. The position is that when the heir of someone who has died is expecting a child, the division of the property must not be made till the child is born. If the child lives long enough to raise it voice it is entitled to a share in the inheritance.Ibn Majah and Darimi transmitted it.

Buraida said that a man of Khuza'a died and his estate was brought to the Prophet who gave instructions to look for an heir of his or some relative, but they found neither, so God’s Messenger said, “Give it to the leading man* of Khuza'a’ (al-kubr. This may mean the greatest in rank or in age, or, more probably, the nearest in kin to the man's oldest ancestor, the one with fewest intermediate links.Abu Dawud transmitted it. In a version by him he said, “Look for the greatest (akbar. This might mean greatest or oldest, but it is most probably used here in the same sense as al-kubr) man of Khuza'a.'’

‘Ali said

You recite this verse, “After a legacy you bequeathe or a debt (Al-Qur’an 4:12),’’ but God’s Messenger decided that a debt should be discharged before a legacy and that the sons of the same mother inherit from one another, but not the sons of one father by different mothers. A man inherits from his brother who has the same father and mother, but not from his brother who has the same father but a different mother. Tirmidhi and Ibn Majah transmitted it. In a version by Darimi he said, “Brothers who have the same mother inherit from one another but not sons of the same father but of different mothers, etc."

Jabir said

The wife of Sa'd b. ar-Rabi’ brought to God’s Messenger her two daughters whose father was Sa'd b. ar-Rabi' and said, “Messenger of God, these are the daughters of Sa'd b. ar-Rabi’. Their father was killed as a martyr when he was with you at the battle of Uhud, their paternal uncle has taken their property leaving them nothing, and they cannot be married unless they have some property."He replied that God would decide regarding the matter, and when the verse about inheritance (Al-Qur’an 4:11) was sent down God’s Messenger sent to their paternal uncle and said, “Give Sa'd’s two daughters two-thirds and their mother an eighth, and what remains is yours." Ahmad, Tirmidhi, Abu Dawud and Ibn Majah transmitted it, Tirmidhi saying this is a hasan gharib tradition.

Chapter 3: Shares of Inheritance - Section 3

‘Abdallah b. ‘Umar reported God’s Messenger as saying, “An estate which was divided in the pre-Islamic period following the division in force then, but any estate in Islamic times must follow the division appointed by Islam.” Ibn Majah transmitted it.

‘Umar said, “Learn the rules of inheritance,” Ibn Mas'ud adding, “of divorce and of the pilgrimage,” and both saying, “for it pertains to your religion.” Darimi transmitted it.

Chapter 5: Wills - Section 2

Abu Umama told of hearing God’s Messenger say in his sermon in the year of the Farewell Pilgrimage, “God has appointed for everyone who has a right what is due to him, and no legacy must be made to an heir.” Abu Dawud and Ibn Majah transmitted it.Tirmidhi added

“The child is attributed to the mother’s husband, but the adulterer gets nothing, and their reckoning is in God’s hands.”

Chapter 1: Shares of Inheritance - Section 1

‘A’isha’s tradition, “The right of inheritance belongs only ...” has been mentioned in a chapter preceding that on payment in advance, and we shall mention the tradition of al-Bara’, “A maternal aunt is in the position of a mother” in the chapter on young people attaining puberty and their guardianship in childhood (Book 13, Ch. 19), if God most high will.

Anas reported the Prophet as saying, “The freedman* of a people is one of them.” * Maula. This word may mean either the one who emancipates or the one who has been emancipated, and therefore the tradition has received two different interpretations according to the meaning of maula.Bukhari transmitted it.

Chapter 2: Shares of Inheritance - Section 2

‘Abdallah b. ‘Amr reported God's Messenger as saying, “People of two different religions may not inherit from one another.” Abu Dawud and Ibn Majah transmitted it, and Tirmidhi transmitted it from Jabir.

Wathila b. al-Asqa‘ reported God’s Messenger as saying, “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.”Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

Qabisa b. Dhu’aib said that when a grandmother came to Abu Bakr asking him for her share of an estate he told her that nothing was prescribed for her in God’s Book or in the sunna of God's Messenger, but asked her to go home till he had questioned the people. When he did so, al-Mughira b. Shu'ba said he had been present with God's Messenger when he gave her a sixth. Abu Bakr asked if anyone had been with him and Muhammad b. Maslama said the same as al- Mughira had said, so Abu Bakr made it apply to her. Another grand-mother came to ‘Umar asking him for her share of an estate and he said, “It is that sixth. If there are two of you it is shared between you, but whichever is the only one left gets it all.” Malik, Ahmad, Tirmidhi, Abu Dawud, Darimi and Ibn Majah transmitted it.

Ibn Mas'ud said about a case where there was a grandmother and her son that she was the first grandmother to whom God’s Messenger gave a sixth which was not due to her when she had a son who was still alive. Tirmidhi and Darimi transmitted it, but Tirmidhi declared it to be a weak tradition.

Chapter 4: Wills - Section 1

Sa‘d b. Abu Waqqas said

During an illness which brought me near to death in the year of the Conquest God’s Messenger came to visit me and I said, “Messenger of God, I have a large amount of property and my daughter is my only heir. Shall I will away all my property ?” He replied, ‘No” I suggested two-thirds, but he objected, then a half, but he still objected. When I suggested a third he replied, “You may will away a third, but that is a lot*. To leave your heirs rich is better than to leave them poor and begging from people. You will not spend anything, seeking thereby to please God, without being rewarded for it, even the mouthful you give your wife.” *While this tradition tells that the Prophet gave permission for a man to will away a third of his estate to some person or purpose other than the heirs, it indicates that be thought it would be better not to will away so much.(Bukhari and Muslim.)

Chapter 6: Wills - Section 3

Jabir reported God’s Messenger as saying, “He who dies leaving a will has died following a path and a sunna, he has died piously and testifying to the true faith, and he has died with his sins forgiven.”Ibn Majah transmitted it.

Chapter 0

Chapter 1: Shares of Inheritance - Section 1

‘A’isha’s tradition, “The right of inheritance belongs only ...” has been mentioned in a chapter preceding that on payment in advance, and we shall mention the tradition of al-Bara’, “A maternal aunt is in the position of a mother” in the chapter on young people attaining puberty and their guardianship in childhood (Book 13, Ch. 19), if God most high will.

Abu Huraira reported the Prophet as saying, “I am nearer to the believers than themselves, so if anyone dies leaving a debt without leaving enough to pay it I shall be responsible for paying it, and if anyone leaves property it goes to his heirs.” A version has, “If anyone leaves a debt or children without maintenance let the matter come to me, for I am his guardian.” Another version has, “If anyone leaves property it goes to his heirs and if anyone leaves dependents without resources they come to us.”(Bukhari and Muslim.)

Usama b. Zaid reported God’s Messenger as saying, “A Muslim may not inherit from an infidel or an infidel from a Muslim.” (Bukhari and Muslim.)

Chapter 2: Shares of Inheritance - Section 2

Buraida said that the Prophet appointed a sixth to a grandmother if no mother is left to inherit before her. Abu Dawud transmitted it.

Al-Miqdam reported God’s Messenger as saying, “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 the patron of him who has none, inheriting what he possesses and freeing him from his liabilities. A maternal uncle is heir of him who has none, inheriting his property and freeing him from his liabilities.” A version has, “I am the heir 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.” Abu Dawud transmitted it.