|
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.'
|
|
