The Chapters
on the Shares of Inheritance from Sunan Ibn Majah
2719 It was
narrated from Abu Hurairah that the Messenger of Allah (saw) said: “O Abu
Hurairah. Learn about the inheritance and teach it, for it is half of
knowledge, but it will be forgotten. This is the first thing that will be taken
away from my nation.’” (Da’if)
2720 It was
narrated that Jabir bin ‘Abdullah said: “The wife of Sa’d bin Rabi’ came with
the two daughters of Sa’d to the Prophet (saw) and said: ‘O Messenger of Allah,
these are the two daughters of Sa’d. He was killed with you on the day of Uhud,
and their paternal uncle has taken all that their father left behind, and a
woman is only married for her wealth.’ The Prophet (saw) remained silent until
the Verse of inheritance was revealed to him. Then the Messenger of Allah (saw)
called the brother of Sa’d bin Rabi’ and said: ‘Give the two daughters of Sa’d
two thirds of his wealth, and give his wife on eighth, and take what is left.’”
(Da’if)
2721 It was
narrated that Huzail bin Shurahbil said: “A man came to Abu Musa Al-Ash’ari and
Salman bin Rabi’ah Al-Bahili and asked them about (the shares of) a daughter, a
son’s daughter, a sister through one’s father and mother. They said: ‘The
daughter gets one half, and what is left goes to the sister. Go to Ibn Mas’ud,
for he will concur with what we say.’ So the man went to Ibn Mas’ud, and told
him what they had said. ‘Abdullah said: ‘I will go astray and will not be
guided (if I say that I agree); but I will judge as the Messenger of Allah
(saw) judged. The daughter gets one half, and the son’s daughter gets
one-sixth. That makes two thirds. And what is left goes to the sister.’”
(Sahih)
2722 It was
narrated that Ma’qil bin Yasar Al-Muzani said: “I heard the Prophet (saw) when
a case was brought to him which involved the share of a grandfather. He gave
him one third, or one sixth.” (Da’if)
2723 It was
narrated that Ma’qil bin Yasar said: “The Messenger of Allah (saw) ruled
concerning a grandfather who was among us, that he should receive one sixth.”
(Da’if)
2724 It was
narrated that Ibn Dhu’aib said: “A grandmother came to Abu Bakr Siddiq and
asked him for her inheritance. Abu Bakr said to her: ‘You have nothing
according to the Book of Allah, and I don’t know of anything for you according
to the Book of Allah, and I don’t know of anything for you according to the
Sunnah of the Messenger of Allah (saw). Go back until I ask the people.’ So he
asked the people and Al-Mughirah bin Shu’bah said: ‘I was present with the
Messenger of Allah (saw) and he gave her (the grandmother) one sixth.’ Abu Bakr
said: ‘Is there anyone else with you (who will corroborate what you say)?’
Muhammad bin Maslamah Al-Ansari stood up and said something like what Mughirah
bin Shu’bah had said. So Abu Bakr applied it in her case.”
“Then the other grandmother, on the father’s side, came
to ‘Umar and asked him for her inheritance. He said: ‘You have nothing
according to the Book of Allah. The ruling that was passed applied to someone
other than you, and I will not make any addition to the shares of inheritance.
But it is one sixth. If there are two of you then it is to be shared between
you, and if one of you is alone then it all belongs to her.’” (Sahih)
2725 It was
narrated from Ibn ‘Abbas that the Messenger of Allah (saw) gave a grandmother
one sixth of the inheritance. (Sahih)
2726 It was
narrated from Ma’dan bin Abu Talhah Al-Ya’muri that ‘Umar bin Khattab stood up
to deliver a sermon one Friday, or he addressed them one Friday. He praised and
glorified Allah, and said: “By Allah, I am not leaving behind any problem more
difficult than the one who leaves behind an heir. I asked the Messenger of
Allah (saw), and he never spoke so harshly to me about anything as he spoke to
me about this. He jabbed his finger into my side or my chest and said: ‘O
‘Umar, sufficient for you is the Verse that was revealed in summer, at the end
of Surat An-Nisa’.” (Sahih)
2727 ‘Umar bin
Khattab said: “There are three things, if the Messenger of Allah (saw) had
clarified them, that would have been dearer to me than the world and everything
in it: a person who leaves behind no heir, usury, and the caliphate.” (Da’if)
2728 It was
narrated from Muhammad bin Munkadir that he heard Jabir bin ‘Abdullah say: “I
fell sick and the Messenger of Allah (saw) came to visit me, he and Abu Bakr
with him, and they came walking. I had lost consciousness, so the Messenger of
Allah (saw) performed ablution and poured some of the water of his ablution
over me. I said: ‘O Messenger of Allah, what should I do? How should I decide
about my wealth?’ Until the Verse of inheritance was revealed at the end of
An-Nisa’: “If the man or woman whose inheritance is in question has left
neither ascendants or descendents.” [4:12] And: “They ask you for a legal verdict.
Say: ‘Allah directs (thus) about those who leave neither descendants nor
ascendants as heirs.’” [4:176] (Sahih)
2729 It was
narrated from Usamah bin Zaid, who attributed it to the Prophet (saw): “The
Muslim does not inherit from a disbeliever and the disbeliever does not inherit
from a Muslim.” (Sahih)
2730 It was
narrated from Usamah bin Zaid that he said: “O Messenger of Allah, will you
stay in your house in Makkah?” He said: “Has ‘Aqeel left us any houses?”
‘Aqeel had inherited from Abu Talib, he and Talib, but
neither Ja’far nor ‘Ali had inherited anything, because they were Muslims, but
‘Aqeel and Talib were disbelievers.
Because of that, ‘Umar used to say: “The believer cannot
inherit from a disbeliever.”
And Usamah said: “The Messenger of Allah (saw) said: ‘The
Muslim does not inherit from a disbeliever and the disbeliever does not inherit
from a Muslim.’” (Sahih)
2731 It was
narrated from ‘Amr bin Shu’aib, from his father, from his grandfather, that the
Messenger of Allah (saw) said: “People of two different religions do not
inherit from one another.” (Sahih)
2732 It was
narrated from ‘Amr bin Shu’aib, from his father, that his grandfather said:
“Rabab bin Hudhaifah (bin Sa’eed) bin Sahm married Umm Wa’il bint Ma’mar
Al-Jumahiyyah, and she bore him three sons. Their mother died and her sons
inherited her houses and the Wala’ of her freed slaves. ‘Amr bin ‘As took them
out to Sham, and they died of the plague of ‘Amwas. ‘Amr inherited from them,
and he was their ‘Asabah.* When ‘Amr came back, Banu Ma’mar came to him and
they referred their dispute with him concerning the Wala’ of their sister to
‘Umar. ‘Umar said: ‘I will judge between you according to what I heard from the
Messenger of Allah (saw). I heard him say: “What the son or father acquires
goes to his. ‘Asabah, no matter who they are.’” So he ruled in our favour and
wrote a document to that effect, in which was the testimony of ‘Abdur-Rahman
bin ‘Awf, Zaid bin Thabit and someone else. Then when ‘Abdul-Malik bin Marwan
was appointed caliph, a freed slave of hers (Umm Wa’il’s) died, leaving behind
two thousand Dinar. I heard that that ruling had been changed, so they referred
the dispute to Hisham bin Isma’il. We referred the matter to ‘Abdul-Malik, and
brought him the document of ‘Umar. He said: ‘I thought that this was a ruling
concerning which there was no doubt. I never thought that the people of
Al-Madinah would reach such a state that they would doubt this ruling. So he
ruled in our favour, and it remained like that afterwards.” (Hasan)
*Normally ‘Asabah refers to the remaining male relatives
of the deceased on the father’s side.
2733 It was
narrated from ‘Aishah that the freed slave of the Prophet (saw) fell from a
palm tree and died. He left behind wealth but he had no child or close
relative. The Prophet (saw) said: “Give his legacy to a man from his village.”
(Hasan)
2734 It was
narrated that the daughter of Hamzah said: “My freed slave died, leaving behind
a daughter. The Messenger of Allah (saw) divided his wealth between myself and
his daughter, giving me half and her half.” (Da’if)
2735 It was
narrated from Abu Hurairah that the Messenger of Allah (saw) said: “The killer
does not inherit.” (Hasan)
2736 It was
narrated from ‘Abdullah bin ‘Amr that the Messenger of Allah (saw) stood up, on
the day of the conquest of Makkah, and said: “A woman inherits from the blood
money and wealth of her husband, and he inherits from her blood money and
wealth, so long as one of them did not kill the other. If one of them killed
the other deliberately, then he or she inherits nothing from the blood money or
wealth. If one of them killed the other by mistake, he or she inherits from the
other’s wealth, but not from the blood money.” (Hasan)
2737 It was
narrated from Abu Umamah bin Sahl bin Hunaif that a man shot an arrow at
another man and killed him, and he had no heir except a maternal uncle. Abu
‘Ubaidah bin Jarrah wrote to ‘Umar about that, and ‘Umar wrote back to him
saying that the Prophet (saw) said: “Allah and His Messenger are the guardians
of the one who has no guardian, and the maternal uncle is the heir of one who
has no other heir.” (Hasan)
2738 It was
narrated from Miqdam Abu Karimah, a man from Sham who was one of the Companions
of the Messenger of Allah (saw), that the Messenger of Allah (saw) said:
“Whoever leaves behind wealth, it is for his heirs. Whoever leaves behind poor
dependents and a debt, it is for us to take care of – or he said: ‘It is for
Allah and His Messenger (to take care of) – I am the heir of the one who has no
heir, I will pay the blood money on his behalf and inherit from him. And the
maternal uncle is the heir of the one who has no heir, he pays blood money on
his behalf and inherits from him.” (Sahih)
2739 It was
narrated that ‘Ali bin Abu Talib said: “The Messenger of Allah (saw) ruled that
the sons from the same mother inherit from one another, but not sons from
different mothers. A man inherits from his full brother from the same father
and mother, but not his brothers from his father.” (Da’if)
2740 It was
narrated that Ibn ‘Abbas said: “The Messenger of Allah (saw) said: ‘Distribute
wealth among those who are entitled to shares of inheritance, according to the
Book of Allah, then whatever is left over goes to the nearest male relative.’”
(Sahih)
2741 It was
narrated that Ibn ‘Abbas said: “A man died at the time of the Messenger of
Allah (saw), and he left no heir except for a slave whom he had set free. The
Messenger of Allah (saw) gave the legacy to him.” (Hasan)
2742 It was
narrated from Wathilah bin Asqa’ that the Prophet (saw) said: “A woman may get
three types of inheritance: From her freed slave woman, a foundling whom she
raised, and her child concerning whom she swore in Li’an that he was
legitimate.” (Da’if)
Muhammad bin Yazid (one of the narrators) said: “This
Hadith was not reported by anyone other than Hisham.”
2743 It was
narrated that Abu Hurairah said: “Then the Verse of Li’an was revealed, the
Messenger of Allah (saw) said: ‘Any woman who attributed her child to people to
whom he does not belong, then she has no relation to (the religion of) Allah,
and she will never enter Paradise, and any man who rejects his child, while he recognizes
him, Allah will screen Himself from him on the Day of Resurrection and disgrace
him before the witnesses.’” (Hasan)
2744 It was
narrated from ‘Amr bin Shu’aib, from his father, from his grandfather, that the
Prophet (saw) said: “It is disbelief for a man to attribute himself to someone
other than his father knowingly, or to deny his connection to his father, even
subtly.”* (Hasan)
*In his notes on Musnad Ahmad Sindi said: “By negating
his father’s relationship to his grandfather and even further.”
2745 It was
narrated from ‘Amr bin Shu’aib, from his father, from his grandfather that the
Messenger of Allah (saw) said: “Whoever commits adultery with a slave woman or
a free woman, his child is illegitimate, and he cannot inherit from him or be
inherited from (i.e., this child cannot inherit from him).” (Hasan)
2746 It was
narrated from ‘Amr bin Shu’aib, from his father, from his grandfather, that the
Messenger of Allah (saw) said: “Every child who is attributed to his father
after his father to whom he is attributed has died, and his heirs attributed
him to him after he died, he ruled that* whoever was born to a slave woman whom
he owned at the time when he had intercourse with her, he should be named after
the one to whom he was attributed, but he has no share of any inheritance that
was distributed previously. Whatever inheritance he finds has not yet been
distributed, he will have a share of it. But he cannot be named after his
father if the man whom he claimed as his father did not acknowledge him. If he
as born to a slave woman whom his father did not own, or to a free woman with
whom he committed adultery, then he cannot be named after him and he does not
inherit from him, even if the one whom he claims as his father acknowledges
him. So he is an illegitimate child who belongs to his mother’s people, whoever
they are, whether she is a free woman or a slave.” (Hasan)
(One of the narrators) Muhammad bin Rashid said: “What is
meant by that is what was distributed out during the Ignorance period, before
Islam.”
*In the version with Abu Dawud it is: “The Prophet (saw)
ruled that every” so this is the meaning here.
2747 It was
narrated that Ibn ‘Umar said: “The Messenger of Allah (saw) forbade selling the
right of inheritance or giving it away.” (Sahih)
2748 It was
narrated that Ibn ‘Umar said: The Messenger of Allah (saw) forbade selling the
right of inheritance, or giving it as a gift. (Sahih)
2749 It was
narrated from ‘Abdullah bin ‘Umar that the Messenger of Allah (saw) said:
“Whatever division of inheritance was made during the Ignorance period, stands
according to the division of the Ignorance period, and whatever division of
inheritance was made during Islam, it stands according to the division of
Islam.” (Hasan)
2750 It was
narrated from Jabir that the Messenger of Allah (saw) said: “If the child has
cired, the (funeral) prayer should be offered for him (if he dies) and he is an
heir.” (Da’if)
2751 It was
narrated from Jabir bin ‘Abdullah and Miswar bin Makhrumah that the Messenger
of Allah (saw) said: “No child inherits until he raises his voice or cries.”
(Hasan)
He said: “Raising his voice means crying, yelling or
sneezing.”
2752 It was
narrated that ‘Abdullah bin Mawhab said: “I heard Tamim Ad-Dari say: ‘I said: O
Messenger of Allah, what is the Sunnah concerning a man from among the People
of the Book who becomes a Muslim at the hands of another man?’ He said: ‘He is
the closest of all people to him in life and in death.’” (Hasan)
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