|
Laws of Inheritance (Al-Faraa'id)
Volume 8, Book 80, Number 716:
Narrated Jabir bin
'Abdullah:
I became sick so Allah's
Apostle and Abu Bakr came on foot to pay me a visit. When they came, I
was unconscious. Allah's Apostle performed ablution and he poured over
me the water (of his ablution) and I came to my senses and said, "O
Allah's Apostle! What shall I do regarding my property? How shall I
distribute it?" The Prophet did not reply till the Divine Verses of
inheritance were revealed .
Volume 8, Book 80, Number 717:
Narrated Abu Huraira:
Allah's Apostle said,
'Beware of suspicion, for it is the worst of false tales and don't
look for the other's faults and don't spy and don't hate each other,
and don't desert (cut your relations with) one another O Allah's
slaves, be brothers!" (See Hadith No. 90)
Volume 8, Book 80, Number 718:
Narrated 'Aisha:
Fatima and Al 'Abbas came
to Abu Bakr, seeking their share from the property of Allah's Apostle
and at that time, they were asking for their land at Fadak and their
share from Khaibar. Abu Bakr said to them, " I have heard from Allah's
Apostle saying, 'Our property cannot be inherited, and whatever we
leave is to be spent in charity, but the family of Muhammad may take
their provisions from this property." Abu Bakr added, "By Allah, I
will not leave the procedure I saw Allah's Apostle following during
his lifetime concerning this property." Therefore Fatima left Abu Bakr
and did not speak to him till she died.
Volume 8, Book 80, Number 719:
Narrated 'Aisha:
The Prophet said, "Our
(Apostles') property should not be inherited, and whatever we leave,
is to be spent in charity."
Volume 8, Book 80, Number 720:
Narrated Malik bin Aus:
'I went and entered upon
'Umar, his doorman, Yarfa came saying 'Uthman, 'Abdur-Rahman,
Az-Zubair and Sa'd are asking your permission (to see you). May I
admit them? 'Umar said, 'Yes.' So he admitted them Then he came again
and said, 'May I admit 'Ali and 'Abbas?' He said, 'Yes.' 'Abbas said,
'O, chief of the believers! Judge between me and this man (Ali ). 'Umar
said, 'I beseech you by Allah by Whose permission both the heaven and
the earth exist, do you know that Allah's Apostle said, 'Our (the
Apostles') property will not be inherited, and whatever we leave
(after our death) is to be spent in charity?' And by that Allah's
Apostle meant himself.' The group said, '(No doubt), he said so.' 'Umar
then faced 'Ali and 'Abbas and said, 'Do you both know that Allah's
Apostle said that?' They replied, '(No doubt), he said so.' 'Umar
said, 'So let me talk to you about this matter. Allah favored His
Apostle with something of this Fai' (i.e. booty won by the Muslims at
war without fighting) which He did not give to anybody else;
Allah said:-- 'And what
Allah gave to His Apostle ( Fai' Booty) .........to do all
things....(59.6) And so that property was only for Allah's Apostle .
Yet, by Allah, he neither gathered that property for himself nor
withheld it from you, but he gave its income to you, and distributed
it among you till there remained the present property out of which the
Prophet used to spend the yearly maintenance for his family, and
whatever used to remain, he used to spend it where Allah's property is
spent (i.e. in charity etc.). Allah's Apostle followed that throughout
his life.
Now I beseech you by
Allah, do you know all that?' They said, 'Yes.' 'Umar then said to
'Ali and 'Abbas, 'I beseech you by Allah, do you know that?' Both of
them said, 'Yes.' 'Umar added, 'And when the Prophet died, Abu Bakr
said, ' I am the successor of Allah's Apostle, and took charge of that
property and managed it in the same way as Allah's Apostle did.
Then I took charge of
this property for two years during which I managed it as Allah's
Apostle and Abu Bakr did. Then you both ('Ali and 'Abbas) came to talk
to me, bearing the same claim and presenting the same case. (O 'Abbas!)
You came to me asking for your share from the property of your nephew,
and this man (Ali) came to me, asking for the share of h is wife from
the property of her father. I said, 'If you both wish, I will give
that to you on that condition (i.e. that you would follow the way of
the Prophet and Abu Bakr and as I (Umar) have done in man aging it).'
Now both of you seek of me a verdict other than that? Lo! By Allah, by
Whose permission both the heaven and the earth exist, I will not give
any verdict other than that till the Hour is established. If you are
unable to manage it, then return it to me, and I will be sufficient to
manage it on your behalf.' "
Volume 8, Book 80, Number 721:
Narrated Abu Huraira:
Allah's Apostle said,
"Not even a single Dinar of my property should be distributed (after
my deaths to my inheritors, but whatever I leave excluding the
provision for my wives and my servants, should be spent in charity."
Volume 8, Book 80, Number 722:
Narrated 'Urwa:
'Aisha said, "When
Allah's Apostle died, his wives intended to send 'Uthman to Abu Bakr
asking him for their share of the inheritance." Then 'Aisha said to
them, "Didn't Allah's Apostle say, 'Our (Apostles') property is not to
be inherited, and whatever we leave is to be spent in charity?'"
Volume 8, Book 80, Number 723:
Narrated Abu Huraira:
The Prophet said, "I am
more closer to the believers than their own selves, so whoever (of
them) dies while being in debt and leaves nothing for its repayment,
then we are to pay his debts on his behalf and whoever (among the
believers) dies leaving some property, then that property is for his
heirs."
Volume 8, Book 80, Number 724:
Narrated Ibn 'Abbas:
The Prophet said, "Give
the Fara'id (the shares of the inheritance that are prescribed in the
Qur'an) to those who are entitled to receive it. Then whatever
remains, should be given to the closest male relative of the deceased
."
Volume 8, Book 80, Number 725:
Narrated Sa'd bin Abi
Waqqas:
I was stricken by an
ailment that led me to the verge of death. The Prophet came to pay me
a visit. I said, "O Allah's Apostle! I have much property and no heir
except my single daughter. Shall I give two-thirds of my property in
charity?" He said, "No." I said, "Half of it?" He said, "No." I said,
"One-third of it?" He said, "You may do so) though one-third is also
to a much, for it is better for you to leave your off-spring wealthy
than to leave them poor, asking others for help. And whatever you
spend (for Allah's sake) you will be rewarded for it, even for a
morsel of food which you may put in the mouth of your wife." I said,
"O Allah's Apostle! Will I remain behind and fail to complete my
emigration?" The Prophet said, "If you are left behind after me,
whatever good deeds you will do for Allah's sake, that will upgrade
you and raise you high. May be you will have long life so that some
people may benefit by you and others (the enemies) be harmed by you."
But Allah's Apostle felt sorry for Sa'd bin Khaula as he died in
Mecca. (Sufyan, a sub-narrator said that Sa'd bin Khaula was a man
from the tribe of Bani 'Amir bin Lu'ai.)
Volume 8, Book 80, Number 726:
Narrated Al-Aswad bin
Yazid:
Mu'adh bin Jabal came to
us in Yemen as a tutor and a ruler, and we (the people of Yemen) asked
him about (the distribution of the property of ) a man who had died
leaving a daughter and a sister. Mu'adh gave the daughter one-half of
the property and gave the sister the other half.
Volume 8, Book 80, Number 727:
Narrated Ibn 'Abbas:
Allah's Apostle said,
"Give the Fara'id (shares prescribed in the Qur'an) to those who are
entitled to receive it; and whatever remains, should be given to the
closest male relative of the deceased.'
Volume 8, Book 80, Number 728:
Narrated Huzail bin
Shirahbil:
Abu Musa was asked
regarding (the inheritance of) a daughter, a son's daughter, and a
sister. He said, "The daughter will take one-half and the sister will
take one-half. If you go to Ibn Mas'ud, he will tell you the same."
Ibn Mas'ud was asked and was told of Abu Musa's verdict. Ibn Mas'ud
then said, "If I give the same verdict, I would stray and would not be
of the rightly-guided. The verdict I will give in this case, will be
the same as the Prophet did, i.e. one-half is for daughter, and
one-sixth for the son's daughter, i.e. both shares make two-thirds of
the total property; and the rest is for the sister." Afterwards we
cams to Abu Musa and informed him of Ibn Mas'ud's verdict, whereupon
he said, "So, do not ask me for verdicts, as long as this learned man
is among you."
Volume 8, Book 80, Number 729:
Narrated Ibn 'Abbas:
The Prophet said, "Give
the Fara'id, (the shares prescribed in the Qur'an) to those who are
entitled to receive it, and then whatever remains, should be given to
the closest male relative of the deceased."
Volume 8, Book 80, Number 730:
Narrated Ibn 'Abbas:
The person about whom
Allah's Apostle said, "If I were to take a Khalil from this nation (my
followers), then I would have taken him (i.e., Abu Bakr), but the
Islamic Brotherhood is better (or said: good)," regarded a grandfather
as the father himself (in inheritance).
Volume 8, Book 80, Number 731:
Narrated Ibn 'Abbas:
(During the early days of
Islam), the inheritance used to be given to one's offspring and legacy
used to be bequeathed to the parents, then Allah cancelled what He
wished from that order and decreed that the male should be given the
equivalent of the portion of two females, and for the parents
one-sixth for each of them, and for one's wife one-eighth (if the
deceased has children) and one-fourth (if he has no children), for
one's husband one-half (if the deceased has no children) and
one-fourth (if she has children)."
Volume 8, Book 80, Number 732:
Narrated Abu Huraira:
Allah's Apostle gave the
judgment that a male or female slave should be given in Qisas for an
abortion case of a woman from the tribe of Bani Lihyan (as blood money
for the fetus) but the lady on whom the penalty had been imposed died,
so the Prophets ordered that her property be inherited by her
offspring and her husband and that the penalty be paid by her Asaba.
Volume 8, Book 80, Number 733:
Narrated Al-Aswad:
Mu'adh bin Jabal gave
this verdict for us in the lifetime of Allah's Apostle. One-half of
the inheritance is to be given to the daughter and the other half to
the sister. Sulaiman said: Mu'adh gave a verdict for us, but he did
not mention that it was so in the lifetime of Allah's Apostle.
Volume 8, Book 80, Number 734:
Narrated Huzail:
'Abdullah said, "The
judgment I will give in this matter will be like the judgment of the
Prophet, i.e. one-half is for the daughter and one-sixth for the son's
daughter and the rest of the inheritance for the sister."
Volume 8, Book 80, Number 735:
Narrated Jabir:
While I was sick, the
Prophet entered upon me and asked for some water to perform ablution,
and after he had finished his ablution, he sprinkled some water of his
ablution over me, whereupon I became conscious and said, "O Allah's
Apostle! I have sisters." Then the Divine Verses regarding the laws of
inheritance were revealed.
Volume 8, Book 80, Number 736:
Narrated Al-Bara:
The last Quranic Verse
that was revealed (to the Prophet) was the final Verse of
Surat-an-Nisa, i.e., 'They ask you for a legal verdict Say: Allah
directs (thus) About those who leave No descendants or ascendants as
heirs....' (4.176)
Volume 8, Book 80, Number 737:
Narrated Abu Huraira:
Allah's Apostle said, "I
am more closer to the believers than their ownselves, so whoever
(among them) dies leaving some inheritance, his inheritance will be
given to his 'Asaba, and whoever dies leaving a debt or dependants or
destitute children, then I am their supporter."
Volume 8, Book 80, Number 738:
Narrated Ibn 'Abbas:
The Prophet said, "Give
the Fara'id (the shares of the inheritance that are prescribed in the
Qur'an) to those who are entitled to receive it; and whatever is left
should be given to the closest male relative of the deceased."
Volume 8, Book 80, Number 739:
Narrated Ibn 'Abbas:
regarding the Holy Verse:--'And to everyone, We have appointed heirs.
When the emigrants came
to Medina, the Ansar used to be the heir of the emigrants (and vice
versa) instead of their own kindred by blood (Dhawl-l-arham), and that
was because of the bond of brotherhood which the Prophet had
established between them, i.e. the Ansar and the emigrants. But when
the Divine Verse:--
'And to everyone We have
appointed heirs,' (4.33) was revealed, it cancelled the other, order
i.e. 'To those also, to whom Your right hands have pledged.'
Volume 8, Book 80, Number 740:
Narrated Ibn 'Umar:
A man and his wife had a
case of Lian (or Mula'ana) during the lifetime of the Prophet and the
man denied the paternity of her child. The Prophet gave his verdict
for their separation (divorce) and then the child was regarded as
belonging to the wife only.
Volume 8, Book 80, Number 741:
Narrated 'Aisha:
'Utba (bin Abi Waqqas)
said to his brother Sa'd, "The son of the slave girl of Zam'a is my
son, so be his custodian." So when it was the year of the Conquest of
Mecca, Sa'd took that child and said, "He is my nephew, and my brother
told me to be his custodian." On that, 'Abu bin Zam'a got up and said,
'but the child is my brother, and the son of my father's slave girl as
he was born on his bed." So they both went to the Prophet. Sa'd said,
"O Allah's Apostle! (This is) the son of my brother and he told me to
be his custodian." Then 'Abu bin Zam'a said, "(But he is) my brother
and the son of the slave girl of my father, born on his bed." The
Prophet said, "This child is for you. O 'Abu bin Zam'a, as the child
is for the owner of the bed, and the adulterer receives the stones."
He then ordered (his wife) Sauda bint Zam'a to cover herself before
that boy as he noticed the boy's resemblance to 'Utba. Since then the
boy had never seen Sauda till he died.
Volume 8, Book 80, Number 742:
Narrated Abu Huraira:
The Prophet said, "The
boy is for the owner of the bed."
Volume 8, Book 80, Number 743:
Narrated 'Aisha:
I bought Barira (a female
slave). The Prophet said (to me), "Buy her as the Wala' is for the
manumitted." Once she was given a sheep (in charity). The Prophet
said, "It (the sheep) is a charitable gift for her (Barira) and a gift
for us." Al-Hakam said, "Barira's husband was a free man." Ibn 'Abbas
said, 'When I saw him, he was a slave."
Volume 8, Book 80, Number 744:
Narrated Ibn 'Umar:
The Prophet said, "The
Wala' is for the manumitted (of the slave)."
Volume 8, Book 80, Number 745:
Narrated 'Abdullah:
The Muslims did not free
slaves as Sa'iba, but the People of the Pre-lslamic Period of
Ignorance used to do so.
Volume 8, Book 80, Number 746:
Narrated Al-Aswad:
'Aisha bought Barira in
order to manumit her, but her masters stipulated that her Wala' (after
her death) would be for them. 'Aisha said, "O Allah's Apostle! I have
bought Barira in order to manumit her, but her masters stipulated that
her Wala' will be for them." The Prophet said, "Manumit her as the
Wala is for the one who manumits (the slave)," or said, "The one who
pays her price." Then 'Aisha bought and manumitted her. After that,
Barira was given the choice (by the Prophet) (to stay with her husband
or leave him). She said, "If he gave me so much and so much (money) I
would not stay with him." (Al-Aswad added: Her husband was a free
man.) The sub-narrator added: The series of the narrators of Al-Aswad's
statement is incomplete. The statement of Ibn Abbas, i.e., when I saw
him he was a slave, is more authentic.
Volume 8, Book 80, Number 747:
Narrated 'Ali:
We have no Book to recite
except the Book of Allah (Qur'an) and this paper. Then 'Ali took out
the paper, and behold ! There was written in it, legal verdicts about
the retaliation for wounds, the ages of the camels (to be paid as
Zakat or as blood money). In it was also written: 'Medina is a
sanctuary from Air (mountain) to Thaur (mountain). So whoever
innovates in it an heresy (something new in religion) or commits a
crime in it or gives shelter to such an innovator, will incur the
curse of Allah, the angels and all the people, and none of his
compulsory or optional good deeds will be accepted on the Day of
Resurrection. And whoever (a freed slave) takes as his master (i.e.
be-friends) some people other than hi real masters without the
permission of his real masters, will incur the curse of Allah, the
angels and all the people, and none of his compulsory, or optional
good deeds will be accepted on the Day of Resurrection. And the asylum
granted by any Muslim is to be secured by all the Muslims, even if it
is granted by one of the lowest social status among them; and whoever
betrays a Muslim, in this respect will incur the curse of Allah, the
angels, and all the people, and none of his Compulsory or optional
good deeds will be accepted on the Day of Resurrection."
Volume 8, Book 80, Number 748:
Narrated Ibn 'Umar:
The Prophet forbade the
selling of the Wala' (of slaves) or giving it as a present.
Volume 8, Book 80, Number 749:
Narrated Ibn Umar:
That Aisha, the mother of
the Believers, intended to buy a slave girl in order to manumit her.
The slave girl's master said, "We are ready to sell her to you on the
condition that her Wala should be for us." Aisha mentioned that to
Allah's Apostle who said, "This (condition) should not prevent you
from buying her, for the Wala is for the one who manumits (the
slave)."
Volume 8, Book 80, Number 750:
Narrated Al-Aswad:
Aisha said, "I bought
Barira and her masters stipulated that the Wala would be for them."
Aisha mentioned that to the Prophet and he said, "Manumit her, as the
Wala is for the one who gives the silver (i.e. pays the price for
freeing the slave)." Aisha added, "So I manumitted her. After that,
the Prophet caller her (Barira) and gave her the choice to go back to
her husband or not. She said, "If he gave me so much and so much
(money) I would not stay with him." So she selected her ownself (i.e.
refused to go back to her husband)."
Volume 8, Book 80, Number 751:
Narrated Ibn Umar:
When Aisha intended to
buy Barira, she said to the Prophet, "Barira's masters stipulated that
they will have the Wala." The Prophet said (to Aisha), "Buy her, as
the Wala is for the one who manumits."
Volume 8, Book 80, Number 752:
Narrated Aisha:
Allah's Apostle said,
"The wala is for the one who gives the silver (pays the price) and
does the favor (of manumission after paying the price)."
Volume 8, Book 80, Number 753:
Narrated Anas bin Malik:
The Prophet said, "The
freed slave belongs to the people who have freed him," or said
something similar.
Volume 8, Book 80, Number 754:
Narrated Anas bin Malik:
The Prophet said, "The
son of the sister of some people is from them or from their own
selves."
Volume 8, Book 80, Number 755:
Narrated Abu Huraira:
The Prophet said, " If
somebody dies (among the Muslims) leaving some property, the property
will go to his heirs; and if he leaves a debt or dependants, we will
take care of them."
Volume 8, Book 80, Number 756:
Narrated Usama bin Zaid:
the Prophet said, "A
Muslim cannot be the heir of a disbeliever, nor can a disbeliever be
the heir of a Muslim."
Volume 8, Book 80, Number 757:
Narrated 'Aisha:
Sa'd bin Abi Waqqas and
'Abu bin Zam'a had a dispute over a boy. Sa'd said, "O Allah's
Apostle! This (boy) is the son of my brother, 'Utba bin Abi Waqqas who
told me to be his custodian as he was his son. Please notice to whom
he bears affinity." And 'Abu bin Zam'a said, "This is my brother, O
Allah's Apostle! He was born on my father's bed by his slave girl."
Then the Prophet looked at the boy and noticed evident resemblance
between him and 'Utba, so he said, "He (the toy) is for you, O 'Abu
bin Zam'a, for the boy is for the owner of the bed, and the stone is
for the adulterer. Screen yourself before the boy, O Sauda bint
Zam'a." 'Aisha added: Since then he had never seen Sauda.
Volume 8, Book 80, Number 758:
Narrated Sa'd:
I heard the Prophet
saying, "Whoever claims to be the son of a person other than his
father, and he knows that person is not his father, then Paradise will
be forbidden for him." I mentioned that to Abu Bakra, and he said, "My
ears heard that and my heart memorized it from Allah's Apostle
Volume 8, Book 80, Number 759:
Narrated Abu Huraira:
The Prophet said, "Do not
deny your fathers (i.e. claim to be the sons of persons other than
your fathers), and whoever denies his father, is charged with
disbelief."
Volume 8, Book 80, Number 760:
Narrated Abu Huraira:
Allah's Apostle said,
"There were two women with whom there were their two sons. A wolf came
and took away the son of one of them. That lady said to her companion,
'The wolf has taken your son.' The other said, 'But it has taken your
son.' So both of them sought the judgment of (the Prophet) David who
judged that the boy should be given to the older lady. Then both of
them went to (the Prophet) Solomon, son of David and informed him of
the case. Solomon said, 'Give me a knife so that I may cut the child
into two portions and give one half to each of you.' The younger lady
said, 'Do not do so; may Allah bless you ! He is her child.' On that,
he gave the child to the younger lady." Abu Huraira added: By Allah! I
had never heard the word 'Sakkin' as meaning knife, except on that
day, for we used to call it 'Mudya"
Volume 8, Book 80, Number 761:
Narrated 'Aisha:
Allah's Apostle once
entered upon me in a very happy mood, with his features glittering
with joy, and said, "O 'Aisha! won't you see that Mujazziz (a Qa'if)
looked just now at Zaid bin Haritha and Usama bin Zaid and said,
'These feet (of Usama and his father) belong to each other." (See
Hadith No. 755, Vol. 4)
Volume 8, Book 80, Number 762:
Narrated 'Aisha:
Once Allah's Apostle
entered upon me and he was in a very happy mood and said, "O 'Aisha:
Don't you know that Mujazziz Al-Mudliji entered and saw Usama and Zaid
with a velvet covering on them and their heads were covered while
their feet were uncovered. He said, 'These feet belong to each other.'
|
