Inheritance and Wills - Mishkat al-Masabih 3042

This noble hadith from the Prophet Muhammad (peace be upon him), transmitted through the esteemed companion Ibn 'Abbas and recorded in both Sahih al-Bukhari and Sahih Muslim, establishes a fundamental principle of Islamic inheritance law. The statement "Give the shares to those who are entitled to them" refers to the fixed shares (fara'id) allocated to specific heirs in the Qur'an, such as one-half to a daughter, one-sixth to a mother, one-eighth to a wife, etc. These divine allocations must be distributed first, as they represent God's direct command.

Scholarly Commentary on Distribution Order

The phrase "what remains over" indicates the residue after fulfilling the fixed shares. This remaining portion is not left to discretion but is allocated to "the nearest male heir" according to the principles of 'asabah (agnatic inheritance). The male relatives who inherit as 'asabah include sons, fathers, brothers, and paternal uncles, in order of proximity.

Classical scholars like Imam al-Nawawi explain that this system ensures comprehensive care for all relatives while maintaining the divinely ordained structure. The fixed share recipients receive their guaranteed portions first, ensuring protection for vulnerable family members, while the residue supports the broader family structure through male relatives traditionally responsible for family welfare.

Legal Implications and Wisdom

This prophetic instruction prevents disputes by establishing a clear hierarchy of distribution. The wisdom behind prioritizing male agnates for the residue lies in their traditional financial responsibilities toward the family, including maintenance of female relatives, children, and elderly family members.

Scholars of all major schools emphasize that this system, when properly implemented, creates balance and justice within the family and community, fulfilling both the rights of specific individuals and the broader needs of the kinship network as intended by the Divine Lawgiver.