Inheritance and Wills
كتاب الفرائض والوصايا
Chapter 2: Shares of Inheritance - Section 2
‘A’isha said that a client of God’s Messenger died leaving some property, but no relative or child, and God’s Messenger said, “Give what he has left to a man belonging to his village." Abu Dawud and Tirmidhi transmitted it.
A man came to God’s Messenger and said, “My son’s son has died, so what do I receive from his estate?” He replied, “You receive a sixth;” then when he turned away he called him and said, “You receive another sixth;” and when he turned away he called him and said, “The other sixth is an allowance [beyond what is due],” (It would seem, although it is not explicit, that the grandson had left two daughters who were therefore entitled to two-thirds of the estate. The grandfather was entitled only to a sixth, but was given another sixth, as a favour, presumably because there were no other heirs). Ahmad, Tirmidhi and Abu Dawud transmitted it, Tirmidhi saying this is a hasan sahih tradition.
Tamim ad-Dari said he asked God’s Messenger what the sunna was about a polytheist who accepts Islam by the advice and persuasion of a Muslim, and he replied that he was the nearest to him in life and in death. Tirmidhi, Ibn Majah and Darimi transmitted it.
Ibn ‘Abbas said that a man died leaving no heir but a youth whom he had emancipated, and that when the Prophet asked whether he had any heir and was told that he had none but a youth of his whom he had emancipated, he assigned his estate to him. Abu Dawud, Tirmidhi and Ibn Majah transmitted it.
‘Amr b. Shu'aib, on his father’s authority, said that his grandfather reported the Prophet as saying, ‘‘He who has the right to inherit property inherits the property of an emancipated slave.” Tirmidhi transmitted it, saying that this is a tradition whose isnad is not strong.
Chapter 3: Shares of Inheritance - Section 3
Muhammad b. Abu Bakr b. Hazm said he often heard his father tell that ‘Umar b. al-Khattab used to say, “It is astonishing that one may inherit from a paternal aunt but that she does not inherit.” Malik transmitted it.
Chapter 5: Wills - Section 2
It is related in munqati’ form on the authority of Ibn ‘Abbas that the Prophet said, “No legacy is to be left to an heir unless the other heirs are agreeable.” This is the wording in al-Masabih, but in Daraqutni’s version he said, “A legacy to an heir is not allowable unless the other heirs are agreeable.”
“ A man and a woman act in obedience to God for sixty years then when they are about to die they cause injury by their will, so they must go to hell.” Then Abu Huraira recited, “After a legacy which you bequeathe or a debt, causing no injury ... that will be the mighty success”(Al-Qur’an 4:12). Ahmad, Tirmidhi, Abu Dawud and Ibn Majah transmitted it.
Chapter 6: Wills - Section 3
‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that al-‘As b. Wa’il left in his will that a hundred slaves should be emancipated on his behalf. His son Hisham emancipated fifty slaves and his son ‘Amr intended to emancipate the remaining fifty on his behalf, but decided first to ask God’s Messenger. He therefore went to the Prophet and said, “Messenger of God, my father left in his will that a hundred slaves should be emancipated on his behalf and Hisham has emancipated fifty on his behalf and fifty remain. Shall I emancipate them on his behalf?” God's Messenger replied, “Had he been a Muslim and you had emancipated slaves on his behalf, or given sadaqa on his behalf, or performed the pilgrimage on his behalf, that would have reached him.” Abu Dawud transmitted it.
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.
Ibn ‘Abbas reported God’s Messenger as saying, “Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir.” (Bukhari and Muslim.)
Chapter 2: Shares of Inheritance - Section 2
Abu Huraira reported God’s Messenger as saying, “One who kills a man cannot inherit from him.” Tirmidhi and Ibn Majah transmitted it.
Kathir b. ‘Abdallah, on his father’s authority, said that his grand-father reported God's Messenger as saying, “The freedman of a people is one of them, the ally* of a people is one of them, and a sister’s son has blood-relationship to her family.”* Or "close friend".Dawud transmitted it.
‘Amr b. Shu'aib, on his father's authority, said his grandfather reported the Prophet as saying, “If a man commits fornication with a freewoman or a slave woman the child is the product of fornication, and neither does he inherit nor may anyone inherit from him." Tirmidhi transmitted it.
Abu Musa was asked about a case where there were a daughter, a son’s daughter and a sister and replied, “The daughter gets half and the sister gets half. Go to Ibn Mas'ud and you will find that he agrees with me.” When Ibn Mas'ud was asked and told what Abu Musa had said he replied, “I would then be in error and not be one of those who are rightly guided. I decide concerning the matter as the Prophet did: The daughter gets half and the son’s daughter a sixth, making two-thirds, and what remains goes to the sister.” We then went to Abu Musa and when we told him what Ibn Mas'ud had said he replied, “Do not question me as long as this learned man is among you.” Bukhari transmitted it. (Here again we find a tradition by Bukhari in Section 2.)
Ad-Dahhak b. Sufyan said that God’s Messenger wrote to him telling him to include the wife of Ashyam ad-Dibabi among the heirs to the blood-wit paid for her husband. Tirmidhi and Abu Dawud transmitted it, Tirmidhi saying this is a hasan sahih tradition.
Chapter 4: Wills - Section 1
Wills.Ibn ‘Umar reported God’s Messenger as saying, “It is the duty of a Muslim man who has something which is to be given as a bequest not to have it for two nights without having his will written regarding it.” (Bukhari and Muslim.)
Chapter 5: Wills - Section 2
God’s Messenger visited me when I was ill and asked whether I had made my will. I replied that I had. He asked how much I had willed and when I told him I had willed all my property away to be devoted to God’s path he asked how much I had left my children. I replied that they were rich and prosperous, whereupon he told me to will away a tenth ; but I kept on telling him it was too little till he finally said, “Will away a third, but a third is a lot.” Tirmidhi transmitted it.
Chapter 6: Wills - Section 3
Anas reported God’s Messenger as saying, “If anyone deprives an heir of his inheritance, God will deprive him of his inheritance in paradise on the day of resurrection.” Ibn Majah transmitted it, and Baihaqi transmitted it in Shu'ab al-lman on the authority of Abu Huraira.