Chapters On Inheritance

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Sa‘id ibn Yahya ibn Sa‘id al-Umawi narrated to us; my father narrated to us; Muhammad ibn ‘Amr narrated to us; Abu Salamah narrated to us, from Abu Hurayrah, who said: The Messenger of Allah (peace and blessings be upon him) said, ‘Whoever leaves wealth, it belongs to his family; whoever leaves dependents without means, their care is mine.’ Abu ‘Isa said: This is a hasan sahih hadith. There are reports on this topic from Jabir and Anas. Al-Zuhri narrated this from Abu Salamah, from Abu Hurayrah, from the Prophet (peace and blessings be upon him), in a longer and more complete form. The meaning of ‘leaves dependents’ is that he leaves someone destitute with nothing; I will support and provide for that person.

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‘Abd al-A‘la ibn Wasir narrated to us; Muhammad ibn al-Qasim al-Asadi narrated to us; al-Fadl ibn Dalham narrated to us; ‘Awf narrated to us, from Shahr ibn Hawshab, from Abu Hurayrah, who said: The Messenger of Allah (peace and blessings be upon him) said, ‘Learn the Qur’an and the laws of inheritance, and teach them to the people, for I will be taken.’ Abu ‘Isa said: This hadith is subject to variation in its transmission.

Abu Usamah narrated this hadith from ‘Awf, from a man, from Sulayman ibn Jabir, from Ibn Mas‘ud, from the Prophet (peace and blessings be upon him), with similar meaning. Al-Husayn ibn Hurayth narrated this to us; he said: Abu Usamah informed us, from ‘Awf, with this meaning. Ahmad ibn Hanbal and others considered Muhammad ibn al-Qasim al-Asadi weak.

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‘Abd ibn Humayd narrated to us; Zakariyya ibn ‘Adi narrated to me; ‘Ubayd Allah ibn ‘Amr informed us, from ‘Abd Allah ibn Muhammad ibn ‘Aqil, from Jabir ibn ‘Abd Allah, who said: The wife of Sa‘d ibn al-Rabi‘ brought her two daughters by Sa‘d to the Messenger of Allah (peace and blessings be upon him) and said, ‘Messenger of Allah, these are the two daughters of Sa‘d ibn al-Rabi‘. Their father was martyred with you on the day of Uhud, and their uncle took their wealth, leaving them nothing. They cannot be married unless they have wealth.’ He said, ‘Allah will decide this matter.’ Then the inheritance verse was revealed, and the Messenger of Allah sent word to their uncle: ‘Give Sa‘d’s two daughters two-thirds, give their mother one-eighth, and whatever remains is yours.’ Abu ‘Isa said: This is a hasan sahih hadith. We know it only through the narration of ‘Abd Allah ibn Muhammad ibn ‘Aqil, and Sharik also narrated it from him.

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Al-Hasan ibn ‘Arafah narrated to us; Yazid ibn Harun narrated to us, from Sufyan al-Thawri, from Abu Qays al-Awdi, from Hudhayl ibn Shurahbil, who said: A man came to Abu Musa and Salman ibn Rabi‘ah and asked them about a daughter, a son’s daughter, and a full sister. They said, ‘The daughter receives half, and the full sister receives what remains.’ They told him, ‘Go to ‘Abd Allah and ask him, for he will agree with us.’ The man went to ‘Abd Allah and told him what they had said. ‘Abd Allah replied, ‘If so, I would have gone astray and would not be among the rightly guided. Rather, I will judge between them as the Messenger of Allah (peace and blessings be upon him) judged: the daughter receives half, the son’s daughter one-sixth, completing two-thirds, and the sister receives what remains.’ Abu ‘Isa said: This is a hasan hadith. Abu Qays al-Awdi’s name was ‘Abd al-Rahman ibn Tharwan al-Kufi; Shu‘bah also narrated it from Abu Qays.

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Bundar narrated to us; Yazid ibn Harun narrated to us; Sufyan informed us, from Abu Ishaq, from al-Harith, from ‘Ali, who said: ‘You recite this verse: “after any bequest made or debt.” The Messenger of Allah (peace and blessings be upon him) ruled that debts be settled before bequests. Full siblings inherit to the exclusion of paternal half-siblings: a man inherits from his full brother rather than his paternal half-brother.’

Bundar narrated to us; Yazid ibn Harun narrated to us; Zakariyya ibn Abi Za’idah informed us, from Abu Ishaq, from al-Harith, from ‘Ali, from the Prophet (peace and blessings be upon him), with the same meaning.

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Ibn Abi ‘Umar narrated to us; Sufyan narrated to us; Abu Ishaq narrated to us, from al-Harith, from ‘Ali, who said: The Messenger of Allah (peace and blessings be upon him) ruled that full siblings inherit to the exclusion of paternal half-siblings. Abu ‘Isa said: We know this hadith only through the narration of Abu Ishaq, from al-Harith, from ‘Ali. Some scholars criticized al-Harith, but most scholars act according to this hadith.

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‘Abd ibn Humayd narrated to us; ‘Abd al-Rahman ibn Sa‘d informed us; ‘Amr ibn Abi Qays informed us, from Muhammad ibn al-Munkadir, from Jabir ibn ‘Abd Allah, who said: The Messenger of Allah (peace and blessings be upon him) came to visit me while I was ill among Banu Salimah. I said, ‘Prophet of Allah, how should I divide my wealth among my children?’ He gave me no answer. Then the verse was revealed: ‘Allah instructs you concerning your children: a male shall receive the share of two females.’ Abu ‘Isa said: This is a hasan sahih hadith. Shu‘bah, Ibn ‘Uyaynah, and others also narrated it from Muhammad ibn al-Munkadir, from Jabir.

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Al-Fadl ibn al-Sabbah al-Baghdadi informed us; Sufyan ibn ‘Uyaynah informed us; Muhammad ibn al-Munkadir informed us: I heard Jabir ibn ‘Abd Allah say: I fell ill, and the Messenger of Allah (peace and blessings be upon him) came to visit me. He found me unconscious, and Abu Bakr and ‘Umar were with him, walking together. The Messenger of Allah performed ablution and poured some of its water over me, and I regained consciousness. I said, ‘Messenger of Allah, how should I dispose of my wealth?’—or, ‘What should I do with my wealth?’ He gave me no answer. He had nine sisters. Then the inheritance verse about kalalah was revealed: ‘They ask you for a ruling. Say: Allah gives you a ruling concerning one who has no direct heirs.’ Jabir said: It was revealed concerning me. Abu ‘Isa said: This is a hasan sahih hadith.

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‘Abd Allah ibn ‘Abd al-Rahman informed us; Muslim ibn Ibrahim informed us; Wuhayb narrated to us; Ibn Tawus narrated to us, from his father, from Ibn ‘Abbas, from the Prophet (peace and blessings be upon him), who said: ‘Give the prescribed inheritance shares to those entitled to them; whatever remains goes to the nearest male relative.’

‘Abd ibn Humayd informed us; ‘Abd al-Razzaq informed us, from Ma‘mar, from Ibn Tawus, from his father, from Ibn ‘Abbas, from the Prophet (peace and blessings be upon him), with a similar report. Abu ‘Isa said: This is a hasan hadith. Some transmitters narrated it from Ibn Tawus, from his father, from the Prophet, as a mursal report.

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Al-Hasan ibn ‘Arafah narrated to us; Yazid ibn Harun narrated to us, from Hammam ibn Yahya, from Qatadah, from al-Hasan, from ‘Imran ibn Husayn, who said: A man came to the Messenger of Allah (peace and blessings be upon him) and said, ‘My son has died; what do I inherit from him?’ He replied, ‘You receive one-sixth.’ As the man turned to leave, he called him and said, ‘You receive another one-sixth.’ As he turned to leave, he called him again and said, ‘The other one-sixth is an additional provision for you.’ Abu ‘Isa said: This is a hasan sahih hadith. There is also a report on this topic from Ma‘qil ibn Yasar.

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Ibn Abi ‘Umar narrated to us; Sufyan narrated to us; al-Zuhri narrated to us—sometimes saying Qabisah, and sometimes ‘a man, from Qabisah ibn Dhu’ayb.’ He said: A grandmother, the mother of the mother or the mother of the father, came to Abu Bakr and said, ‘My son’s son—or my daughter’s son—has died, and I have been told that I have a right in the Book of Allah.’ Abu Bakr said, ‘I do not find a right for you in the Book, nor have I heard that the Messenger of Allah (peace and blessings be upon him) assigned you anything. I will ask the people.’ Al-Mughirah ibn Shu‘bah testified that the Messenger of Allah had given her one-sixth. Abu Bakr asked, ‘Who heard that with you?’ He replied, ‘Muhammad ibn Maslamah.’ Abu Bakr then gave her one-sixth. The other grandmother, from the opposite side of the family, later came to ‘Umar.

Sufyan said: Ma‘mar added this to me from al-Zuhri—I do not remember it from al-Zuhri, but I remember it from Ma‘mar—that ‘Umar said, ‘If you two are together, it is for both of you; whichever of you is alone, it is hers.’

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Al-Ansari narrated to us; Ma‘n narrated to us; Malik narrated to us, from Ibn Shihab, from ‘Uthman ibn Ishaq ibn Kharashah, from Qabisah ibn Dhu’ayb, who said: A grandmother came to Abu Bakr asking for her inheritance. He said to her, ‘You have no assigned share in the Book of Allah, and I have not found anything for you in the practice of the Messenger of Allah (peace and blessings be upon him). Go back until I ask the people.’ He asked them, and al-Mughirah ibn Shu‘bah said, ‘I was present when the Messenger of Allah gave her one-sixth.’ Abu Bakr asked, ‘Was anyone else with you?’ Muhammad ibn Maslamah al-Ansari stood and confirmed what al-Mughirah had said, so Abu Bakr granted it to her.

Then the other grandmother came to ‘Umar ibn al-Khattab asking for her inheritance. He said, ‘You have no assigned share in the Book of Allah, but that one-sixth is established. If you share it, it is between you; whichever of you is alone with it, it is hers.’ Abu ‘Isa said: There is also a report on this topic from Buraydah. This version is better and more authentic than the hadith of Ibn ‘Uyaynah.

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Al-Hasan ibn ‘Arafah narrated to us; Yazid ibn Harun narrated to us, from Muhammad ibn Salim, from al-Sha‘bi, from Masruq, from ‘Abd Allah ibn Mas‘ud, who said regarding a grandmother together with her son: ‘She was the first grandmother to whom the Messenger of Allah (peace and blessings be upon him) allotted one-sixth while her son was alive.’ Abu ‘Isa said: We know this as a raised report only through this route. Some of the Prophet’s Companions gave a grandmother a share when her son was present, while others did not.

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Bundar narrated to us; Abu Ahmad al-Zubayri narrated to us; Sufyan narrated to us, from ‘Abd al-Rahman ibn al-Harith, from Hakim ibn Hakim ibn ‘Abbad ibn Hunayf, from Abu Umamah ibn Sahl ibn Hunayf, who said: ‘Umar ibn al-Khattab wrote to Abu ‘Ubaydah that the Messenger of Allah (peace and blessings be upon him) said, ‘Allah and His Messenger are the guardians of one who has no guardian, and the maternal uncle inherits from one who has no heir.’ Abu ‘Isa said: There are reports on this topic from ‘A’ishah and al-Miqdam ibn Ma‘dikarib. This is a hasan sahih hadith.

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Ishaq ibn Mansur informed us; Abu ‘Asim informed us, from Ibn Jurayj, from ‘Amr ibn Muslim, from Tawus, from ‘A’ishah, who said: The Messenger of Allah (peace and blessings be upon him) said, ‘The maternal uncle inherits from one who has no heir.’ This is a hasan gharib hadith. Some narrators transmitted it as mursal, without mentioning ‘A’ishah. The Prophet’s Companions differed over this: some assigned inheritance to the maternal uncle, maternal aunt, and paternal aunt. Most scholars followed this hadith in assigning inheritance to distant kindred. Zayd ibn Thabit did not assign them inheritance and placed the estate in the public treasury.

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Bundar narrated to us; Yazid ibn Harun narrated to us; Sufyan informed us, from ‘Abd al-Rahman al-Asbahani, from Mujahid—namely, Ibn Wardan—from ‘Urwah, from ‘A’ishah: A client of the Prophet (peace and blessings be upon him) fell from a date-palm stalk and died. The Prophet said, ‘See whether he has any heirs.’ They replied, ‘No.’ He said, ‘Then give his estate to someone among the people of the town.’ This is a hasan hadith.

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Ibn Abi ‘Umar narrated to us; Sufyan narrated to us, from ‘Amr ibn Dinar, from ‘Awsajah, from Ibn ‘Abbas: A man died during the time of the Messenger of Allah (peace and blessings be upon him), leaving no heir except a slave whom he had freed. The Prophet gave him the man’s inheritance. Abu ‘Isa said: This is a hasan hadith. In this chapter, the practice among scholars is that when a man dies without leaving a male agnate, his estate is placed in the Muslims’ public treasury.

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Sa‘id ibn ‘Abd al-Rahman al-Makhzumi and others narrated to us; they said: Sufyan narrated to us, from al-Zuhri. (Another route:) ‘Ali ibn Hujr informed us; Hushaym informed us, from al-Zuhri, from ‘Ali ibn Husayn, from ‘Amr ibn ‘Uthman, from Usamah ibn Zayd: The Messenger of Allah (peace and blessings be upon him) said, ‘A Muslim does not inherit from a disbeliever, nor a disbeliever from a Muslim.’ Ibn Abi ‘Umar narrated to us; Sufyan narrated to us; al-Zuhri narrated to us, with similar wording. Abu ‘Isa said: There are reports on this topic from Jabir and ‘Abd Allah ibn ‘Amr. This is a hasan sahih hadith. Ma‘mar and others narrated similar wording from al-Zuhri. Malik narrated it from al-Zuhri, from ‘Ali ibn Husayn, from ‘Umar ibn ‘Uthman, from Usamah ibn Zayd, from the Prophet. Malik’s version is mistaken: Malik erred in it. Some transmitters of Malik reported ‘Amr ibn ‘Uthman, but most of Malik’s companions said ‘Umar ibn ‘Uthman. ‘Amr ibn ‘Uthman ibn ‘Affan is a known descendant of ‘Uthman; ‘Umar ibn ‘Uthman is unknown. Scholars act according to this hadith. They differed over the inheritance of an apostate: most scholars among the Prophet’s Companions and others gave the estate to the apostate’s Muslim heirs; some said that the Muslim heirs do not inherit from him, citing the Prophet’s statement, ‘A Muslim does not inherit from a disbeliever.’ This is al-Shafi‘i’s view.

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Humayd ibn Mas‘adah narrated to us; Husayn ibn Numayr narrated to us, from Ibn Abi Layla, from Abu al-Zubayr, from Jabir, from the Prophet (peace and blessings be upon him), who said: ‘The followers of two different religions do not inherit from one another.’ Abu ‘Isa said: We know this hadith from Jabir only through the narration of Ibn Abi Layla.

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Qutaybah narrated to us; al-Layth narrated to us, from Ishaq ibn ‘Abd Allah, from al-Zuhri, from Humayd ibn ‘Abd al-Rahman, from Abu Hurayrah, from the Prophet (peace and blessings be upon him), who said: ‘A killer does not inherit.’ Abu ‘Isa said: This hadith is not sound and is known only through this route. Ishaq ibn ‘Abd Allah ibn Abi Farwah was abandoned by some hadith scholars, including Ahmad ibn Hanbal. Scholars act according to this report, holding that a killer does not inherit whether the killing was intentional or accidental. Some said that if the killing was accidental, the killer does inherit; this is Malik’s view.