Laws of Inheritance (Al-Faraa'id)

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.'