Daily Archives: December 23, 2014
Inheritance Shares (Hadith No. 2403)
Bismillah.
Ahadith 2398 – 2402 (below) are repeats. See linked text for related posts.
Volume 4, Book 51, Number 5 :
Narrated by Sad bin Abu Waqqas (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) came visiting me while I was (sick) in Mecca, (‘Amir the sub-narrator said, and he disliked to die in the land, whence he had already migrated). He (i.e. the Prophet) said, “May Allah bestow His Mercy on Ibn Afra (Sad bin Khaula).” I said, “O Allah’s Apostle! May I will all my property (in charity)?” He said, “No.” I said, “Then may I will half of it?” He said, “No”. I said, “One third?” He said: “Yes, one third, yet even one third is too much. It is better for you to leave your inheritors wealthy than to leave them poor begging others, and whatever you spend for Allah’s sake will be considered as a charitable deed even the handful of food you put in your wife’s mouth. Allah may lengthen your age so that some people may benefit by you, and some others be harmed by you.” At that time Sad had only one daughter.
Volume 4, Book 51, Number 6 :
Narrated by Ibn ‘Abbas (radiallaahu `anhu)
I recommend that people reduce the proportion of what they bequeath by will to the fourth (of the whole legacy), for Allah’s Apostle (sallallaahu `alayhi wasallam) said, “One-third, yet even one third is too much.“
Volume 4, Book 51, Number 7 :
Narrated by Sad (radiallaahu `anhu)
I fell sick and the Prophet (sallallaahu `alayhi wasallam) paid me a visit. I said to him, “O Allah’s Apostle! I invoke Allah that He may not let me expire in the land whence I migrated (i.e. Mecca).” He said, “May Allah give you health and let the people benefit by you.” I said, “I want to will my property, and I have only one daughter and I want to will half of my property (to be given in charity).” He said,” Half is too much.” I said, “Then I will one third.” He said, “One-third, yet even one-third is too much.” (The narrator added, “So the people started to will one third of their property and that was permitted for them.”)
Volume 4, Book 51, Number 8 :
Narrated by ‘Aisha (radiallaahu `anhaa) (the wife of the Prophet)
Utba bin Abi Waqqas entrusted (his son) to his brother Sad bin Abi Waqqas (radiallaahu `anhu) saying, “The son of the slave-girl of Zam’a is my (illegal) son, take him into your custody.” So during the year of the Conquest (of Mecca) Sad (radiallaahu `anhu) took the boy and said, “This is my brother’s son whom my brother entrusted to me.” ‘Abu bin Zam’a got up and said, “He is my brother and the son of the slave girl of my father and was born on my father’s bed.” Then both of them came to Allah’s Apostle (sallallaahu `alayhi wasallam) and Sad (radiallaahu `anhu) said, “O Allah’s Apostle! This is my brother’s son whom my brother entrusted to me.” Then ‘Abu bin Zam’a got up and said, “This is my brother and the son of the slave-girl of my father.” Allah’s Apostle (sallallaahu `alayhi wasallam) said, “O Abu bin Zam’a! This boy is for you as the boy belongs to the bed (where he was born), and for the adulterer is the stone (i.e. deprivation).” Then the Prophet (sallallaahu `alayhi wasallam) said to his wife Sauda bint Zam’a, “Screen yourself from this boy,” when he saw the boy’s resemblance to ‘Utba. Since then the boy did not see Sauda till he died.
Volume 4, Book 51, Number 9 :
Narrated by Anas (radiallaahu `anhu)
A Jew crushed the head of a girl between two stones. She was asked, “Who has done so to you, so-and-so? So-and-so?” Till the name of the Jew was mentioned, whereupon she nodded (in agreement). So the Jew was brought and was questioned till he confessed. The Prophet (sallallaahu `alayhi wasallam) then ordered that his head be crushed with stones.
Today’s Hadith:
Volume 4, Book 51, Number 10 :
Narrated by Ibn ‘Abbas (radiallaahu `anhu)
The custom (in old days) was that the property of the deceased would be inherited by his offspring; as for the parents (of the deceased), they would inherit by the will of the deceased. Then Allah cancelled from that custom whatever He wished and fixed for the male double the amount inherited by the female, and for each parent a sixth (of the whole legacy) and for the wife an eighth or a fourth and for the husband a half or a fourth.
InshaAllah we’ll learn about inheritance and shares in detail once we reach Kitaab-ul-Faraa’id, but for now, here are some resources to look into for general/advanced knowledge (depending on how deep you look):
Outline of inheritance shares (with evidences)
Video lectures on Fiqh of Islamic Inheritance
Inheritance calculator (cool stuff)