Shares For Descendants

2720 It was narrated that Jabir bin 'Abdullah said: “The wife of Ibn 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 one eighth, and take what is left.'”

2721 It was narrated that Huzail bin Shurahbil said: “A man came to Abu Musa Al-Ash'ari and Salman bin Rabi'ah Al-Bâhili 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.'”

The Shares of The Grandfather

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.”

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.”

The Inheritance Of A Grandmother

2724 It was narrated that Ibn Dhu'aib said: “A grandmother came to Abu Bakr Siddiq and asked him for her inheritance. Ab Bakr said to her: 'You have nothing but the Book of Allah, and I don't know of any thing 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 with 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.'”

2725 It was narrated from Ibn 'Abbâs that the Messenger of Allah (saw) gave a grandmother one sixth of the inheritance.

One Who Leaves Behind No Heir

2726 It was narrated from Ma'dân 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 no 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'.”

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 worls and everything in it: a person who leaves behind no heir, usury, and the caliphate.”

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 os Surat An-Nisa': “If the man or woman whose inheritance is in question has left neither ascendants nor descendants.”[An-Nisa' 4:12] And: “They ask you for legal verdict. Say: 'Allah directs (thus) about those who leave neither descendants nor ascendants as heirs [An-Nisa' 4:176. See no. 1436 also.]

The People Of Islam Inheriting From the People of Polytheism

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.”

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.'”

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.”

Inheritance of Wala'

2732 It was narrated from 'Amr bin Shu'aib, from his father, that his granfather 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 bin 'As 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 favor 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 favor, and it remained like that afterwards.”

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.”

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.”

The Inheritance Of A Killer

2735 It was narrated from Abu Hurairah that the Messenger of Allah (saw) said: “The killer does not inherit.”

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 the one 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.”

Relations Of The Womb

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 the one who has no other heir.”

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 leaved 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 Allah and His Messenger (to take care of) – I am the heir of the one who has no heir, I will pay 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.”

Inheritance From The Male Relatives From Father's Side

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.”

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 goes to the nearest male relative.'”

One Who Has No Heir

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.”

A Woman May Get Three Types Of Inheritance

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 Li'an that he was legitimate.”

Muhammad bin Yazid (one of the narrators) said: “This Hadith was not reported by anyone other than Hisham.”

One Who Rejects His Child

2743 It was narrated that Abu Hurairah said: “When the Verse of Li'an was revealed, the Messenger of Allah (saw) said: 'Any woman who attributes her child to people 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 recognises him, Allah will screen Himself from him on the Day of Resurrection and disgrace him before the witnesses.'”

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.”

Claiming A Child

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).”

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 attrbiuted 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 was 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 free slave.”

(One of the narrators) Muhammad bin Rashid said: “What is meant by that is what was distributed out during the Ignorance period, before Islam.”

Prohibition Of Selling The Right Of Inheritance

2747 It was narrated that Ibn 'Umar said: “The Messenger of Allah (saw) forbade selling the right of inheritance or giving it away.”

2748 It was narrated that Ibn 'Umar said: The Messenger of Allah (saw) forbade selling the right of inheritance, or giving it away as a gift.

Division Of Inheritance

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 Ignorance period, and whatever division of inheritance was made during Islam, it stands according to the division of Islam.”

If A Newborn Cries, He Is An Heir

2750 It was narrated from Jabir that the Messenger of Allah (saw) said: “If the child has cried, the (funeral) prayer should be offered for him (if he dies) and he is an heir.”

2751 It was narrated from Jabir bin 'Abdullah and Miswar bin Makhramah that the Messenger of Allah (saw) said: “No child inherits until he raises his voice or cries.” He said: “Raising his voice means crying, yelling or sneezing.”

A Man Who Becomes A Muslim At The Hands Of Another

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.'”