“Warn Your Nearest Kinsmen” (Hadith No. 2409)

Bismillah.

Ahadith 2404 – 2408 (below) are repeats. See linked text for related posts.

Volume 4, Book 51, Number 11 :
Narrated by Abu Huraira (radiallaahu `anhu)
A man asked the Prophet (sallallaahu `alayhi wasallam), “O Allah’s Apostle! What kind of charity is the best?” He replied. “To give in charity when you are healthy and greedy hoping to be wealthy and afraid of becoming poor. Don’t delay giving in charity till the time when you are on the death bed when you say, ‘Give so much to so-and-so and so much to so-and so,’ and at that time the property is not yours but it belongs to so-and-so (i.e. your inheritors).”

Volume 4, Book 51, Number 12 :
Narrated by Abu Huraira (radiallaahu `anhu)
A man asked the Prophet (sallallaahu `alayhi wasallam), “O Allah’s Apostle! What kind of charity is the best?” He replied. “To give in charity when you are healthy and greedy hoping to be wealthy and afraid of becoming poor. Don’t delay giving in charity till the time when you are on the death bed when you say, ‘Give so much to so-and-so and so much to so-and so,’ and at that time the property is not yours but it belongs to so-and-so (i.e. your inheritors).”

Volume 4, Book 51, Number 13 :
Narrated by ‘Urwa bin Az-Zubair
Hakim bin Hizam (radiallaahu `anhu) said, “I asked Allah’s Apostle (sallallaahu `alayhi wasallam) for something, and he gave me, and I asked him again and he gave me and said, ‘O Hakim! This wealth is green and sweet (i.e. as tempting as fruits), and whoever takes it without greed then he is blessed in it, and whoever takes it with greediness, he is not blessed in it and he is like one who eats and never gets satisfied. The upper (i.e. giving) hand is better than the lower (i.e. taking) hand.” Hakim added, “I said, O Allah’s Apostle! By Him Who has sent you with the Truth I will never demand anything from anybody after you till I die.” Afterwards Abu Bakr (radiallaahu `anhu) used to call Hakim to give him something but he refused to accept anything from him. Then ‘Umar (radiallaahu `anhu) called him to give him (something) but he refused. Then ‘Umar (radiallaahu `anhu) said, “O Muslims! I offered to him (i.e. Hakim) his share which Allah has ordained for him from this booty and he refuses to take it.” Thus Hakim (radiallaahu `anhu) did not ask anybody for anything after the Prophet (sallallaahu `alayhi wasallam), till he died–may Allah bestow His mercy upon him.

Volume 4, Book 51, Number 14 :
Narrated by Ibn Umar (radiallaahu `anhu)
I heard Allah’s Apostle (sallallaahu `alayhi wasallam) saying, “All of you are guardians and responsible for your charges: the Ruler (i.e. Imam) is a guardian and responsible for his subjects; and a man is a guardian of his family and is responsible for his charges; and a lady is a guardian in the house of her husband and is responsible for her charge; and a servant is a guardian of the property of his master and is responsible for his charge.” I think he also said, “And a man is a guardian of the property of his father.”

Volume 4, Book 51, Number 15 :
Narrated by Anas (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) said to Abu Talha (radiallaahu `anhu), “I recommend that you divide (this garden) amongst your relatives.” Abu Talha (radiallaahu `anhu) said, “O Allah’s Apostle! I will do the same.” So Abu Talha (radiallaahu `anhu) divided it among his relatives and cousins.
Ibn ‘Abbas (radiallaahu `anhu) said, “When the Qur’anic Verse: “Warn your nearest kinsmen.” (26.214) was revealed, the Prophet (sallallaahu `alayhi wasallam) started calling the various big families of Quraish, “O Bani Fihr! O Bani Adi!”. Abu Huraira said, “When the Verse: “Warn your nearest kinsmen” was revealed, the Prophet said (in a loud voice), “O people of Quraish!”

Today’s Hadith:

Volume 4, Book 51, Number 16 :
Narrated by Abu Huraira (radiallaahu `anhu)
When Allah revealed the Verse: “Warn your nearest kinsmen,” Allah’s Apostle (sallallaahu `alayhi wasallam) got up and said, “O people of Quraish (or said similar words)! Buy (i.e. save) yourselves (from the Hellfire) as I cannot save you from Allah’s Punishment; O Bani Abd Manaf! I cannot save you from Allah’s Punishment, O Safiya, the Aunt of Allah’s Apostle! I cannot save you from Allah’s Punishment; O Fatima bint Muhammad! Ask me anything from my wealth, but I cannot save you from Allah’s Punishment.”

This hadith and the latter part of the previous one have been included in this chapter to provide evidence for the fact that “nearest kinsmen” do include female relatives when it comes to wills and endowments, because the Prophet (sallallaahu `alayhi wasallam) mentioned his aunt Safiyyah and his daughter Fatimah specifically. When he asked Abu Talha to divide his garden among his relatives, he used the word (الأَقْرَبِينَ) and the same word is used in the ayah quoted above (26:214). Thus Imam Bukhari brings evidence from the Quran to prove a point in Hadith.

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)

Did Prophet (sallallaahu `alayhi wasallam) Make a Will? (Ahadith 2395 – 2397)

Bismillah.

Volume 4, Book 51, Number 2 :
Narrated by Amr bin Al-Harith (radiallaahu `anhu) (the brother of the wife of Allah’s Apostle, Juwaira bint Al-Harith)
When Allah’s Apostle (sallallaahu `alayhi wasallam) died, he did not leave any Dirham or Dinar (i.e. money), a slave or a slave woman or anything else except his white mule, his arms and a piece of land which he had given in charity.

Volume 4, Book 51, Number 3 :
Narrated by Talha bin Musarrif
I asked ‘Abdullah bin Abu Aufa (radiallaahu `anhu), “Did the Prophet (sallallaahu `alayhi wasallam) make a will?” He replied, “No,” I asked him, “How is it then that the making of a will has been enjoined on people, (or that they are ordered to make a will)?” He replied, “The Prophet (sallallaahu `alayhi wasallam) bequeathed Allah’s Book (i.e. Quran).”

Volume 4, Book 51, Number 4 :
Narrated by Al-Aswad
In the presence of ‘Aisha (radiallaahu `anhaa) some people mentioned that the Prophet (sallallaahu `alayhi wasallam) had appointed ‘Ali (radiallaahu `anhu) by will as his successor. ‘Aisha (radiallaahu `anhaa) said, “When did he appoint him by will? Verily when he died he was resting against my chest (or said: in my lap) and he asked for a wash-basin and then collapsed while in that state, and I could not even perceive that he had died, so when did he appoint him by will?”

The determining of the Prophet’s debt and fulfillment of his promises

During the time approaching his demise, the Prophet came to the mosque, and asked the people whether there was anyone who had anything owed to them from the Prophet. Following the Prophet’s insistence in asking this question, someone stood up and claimed that they were owed 3 dirham. This was paid immediately to him. Again, during this time, the Prophet asked his wife Aisha about what happened to the 7 dirham (in some hadith 6 dirham, in others 9 dirham) that he left in her care. Upon this, she immediately got the money and handed it over to the Prophet. The Prophet then distributed 5 dirham to 5 needy families from the Helpers (Ansar) and gave the remainder of the money to his wives to spend.

Even though the Prophet paid all of his debts before he died, Abu Bakr, who took the leadership of Muslims after him, saw himself as responsible for paying the debts and fulfilling all the pledges of the Prophet. The pledges of the Prophet were no different (in the importance that he gave to them) to his debts. The Prophet’s Companion Jabir explains one of the Pledges that the Prophet made to him as follows:

The Prophet said to me, “I will give you so much (the Prophet pointed thrice with his hands) when funds of Bahrain will come to me.” But the Prophet died before the money reached him. (When it came) Abu Bakr ordered an announcer to announce that whoever had a money claim on the Prophet or was promised to be given something, should come to Abu Bakr. I went to Abu Bakr and told him that the Prophet had promised to give me so much. On that Abu Bakr gave me three handfuls (of money). [Bukhari, “Gifts,” 17.]

Properties left by the Prophet and their distribution

It was not difficult to divide the property of the Prophet because he did not have so much in assets. When he passed away, nothing more than some blocks of land and the house in which he resided, in terms of assets, existed.

Based on the information given by Ibn Sa’d, it was not known what happened to the flocks of camel and sheep known to belong to the Prophet. Ibn Sa’d names the slaves and concubines belonging to the Prophet – either donated or gained through war – and narrates that they were all manumitted prior to his illness.

As for the way in which the Prophet’s inheritance was managed, his livestock and some of his personal belongings were bequeathed to Ali’s family. His mantle, sword and ring remained state property.

Following the Prophet’s demise, his heirs – first and foremost his daughter Fatima – appealed to Abu Bakr to divide his belongings and land. They were reminded of God’s Messenger saying to them, “Our (Apostles’) property should not be inherited, and whatever we leave, is to be spent in charity.” Accordingly, all the land belonging to him was given to the State. Fatima, evidently unaware of such a command, insisted on receiving her share of the land in the areas of Khaybar, Fadak, and Banu Nadir.

Another saying of the Prophet regarding his inheritance is as follows, as narrated by Abu Huraira:

God’s Messenger said, “Not even a single Dinar of my property should be distributed (after my death to my inheritors, but whatever I leave excluding the provision for my wives and my servants, should be spent in charity.” [Bukhari, “Laws of Inheritance,” 33; “Jihad,” 202.]

As such, the Prophet’s wives would be entitled to receive the allowance he determined for them during his life, for the rest of their lives. Intended by his ‘servants’ is without doubt those looking after his property and managing its income and the employees and workers working on his lands which were not given to others to manage.

As for the rooms in which the Prophet’s wives resided, he bequeathed these to them. They were to live in these rooms and once his wives passed away, the rooms, like the Prophet’s land, were to be included among his charity.

In this way the Prophet, who had prohibited the appropriation of all kinds of income obtained from the Muslims to both himself and his relatives, left behind the property either donated to him or acquired as war spoils to the State, as charity for the Muslim community. In so doing, the Prophet used his spiritual and material authority not in the way of hoarding wealth for himself and his family, but purely and solely for the purpose of bringing all Muslims a happiness which encompassed their lives in both this world and the next.

The inheritance of the rights owned by the Prophet

The Prophet Muhammad has many attributes, the chief of which are undoubtedly his being a Prophet of God and Head of State. The Last Prophet would, for all eternity, have no heir in Prophethood. In this respect, the handing down and bequest of the rights he had by virtue of his being a Prophet of God is inconceivable. After him, only those who the people elected and pledged allegiance to would assume the position of Head of State. With respect to the rights he had that were associated with his role as Head of State, these would be transferred to Heads of State succeeding him. At this point, we will not discuss all these rights, but make mention of only those pertaining to economics, from the perspective of the legal Schools of Thought.

The Hanafis – on the basis of the practices of the Rightly Guided Caliphs (the four Caliphs succeeding the Prophet) – claim that the share belonging to the Prophet and his relatives are null and void with his demise. In their view, the Prophet Muhammad held these rights not by virtue of his being Head of State, but by virtue of his being a Prophet. As for Imam Shafii, he is of the opinion that the share belonging to the Prophet is transferred to the Caliphs who would succeed him as Head of State after his demise. According to him, just as the Prophet had particular expenses in the way of giving gifts to visiting delegations and ambassadors, the caliphs too, had the same need. As far as Shafii is concerned, Heads of State have an adequate share in this right because, like the Prophet, they dedicate themselves to the service of society. In actual fact, Shafii is of the view that the share falling to the Prophet from spoils of war and booty is transferred to the caliphs, not as personal assets or rights, but purely for use in the way of public good. We glean this from and clearly see this in both his own work and that of Mawardi.

However, as can be understood from Kasani (d. 587), Shafii is of the view that the Head of state also can personally benefit from these rights. Like Shafii, there are others scholars who confer this right, to be used for the benefit of society, to the Head of State. The Hanbalis hold the view that the share belonging to the Prophet can be used for public good and the benefit of society, public service as well as investment.

Taken from LastProphet.info

Why You Should Write Your Will Tonight (Hadith No. 2394)

Bismillah.

Hadith no. 2393 (below) is a repeat. Read about it here.

Volume 3, Book 50, Number 895 :
Narrated by Ibn ‘Umar (radiallaahu `anhu)
Umar bin Khattab (radiallaahu `anhu) got some land in Khaibar and he went to the Prophet (sallallaahu `alayhi wasallam) to consult him about it saying, “O Allah’s Apostle (sallallaahu `alayhi wasallam)! I got some land in Khaibar better than which I have never had, what do you suggest that I do with it?” The Prophet (sallallaahu `alayhi wasallam) said, “If you like you can give the land as endowment and give its fruits in charity.” So Umar (radiallaahu `anhu) gave it in charity as an endowment on the condition that would not be sold nor given to anybody as a present and not to be inherited, but its yield would be given in charity to the poor people, to the Kith and kin, for freeing slaves, for Allah’s Cause, to the travelers and guests; and that there would be no harm if the guardian of the endowment ate from it according to his need with good intention, and fed others without storing it for the future.”

Kitaab-ush-Shuroot [Book of Conditions] ends here.

Today’s Hadith:

Kitaab-ul-Wasaayaa [Book of Wills] starts today..

Volume 4, Book 51, Number 1 :
Narrated by Abdullah bin Umar (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him.”

Allah says in the Quran:

“It is prescribed for you, when death approaches any of you, if he leaves wealth, that he makes a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon Al-Muttaqoon (the pious).” [al-Baqarah 2:180] 

The Prophet (peace and blessings of Allaah be upon him) said:

“Allaah was being generous to you when He allowed you to give one-third of your wealth (in charity) when you die, to increase your good deeds.”
(Narrated by Ibn Maajah, al-Wasaayaa, 2700; classed as hasan by al-Albaani in Saheeh Sunan Ibn Maajah, no. 2190)

It is permitted to write a will concerning one third or less. Some of the scholars said it is preferable for it to be less than one-third, and the will does not apply to any of the heirs, because the Prophet (peace and blessings of Allaah be upon him) said:

“There is no will for the heirs.”
(Narrated by al-Tirmidhi, al-Wasaayaa, 2047; classed as saheeh by al-Albaani in Saheeh Sunan al-Tirmidhi, no. 1722).

The will comes into effect when the person dies. It is permissible for the person who writes the will to revoke it or cancel it or revoke part of it. Carrying out the will is an important matter which was confirmed by Allaah and mentioned before other things, and there is a stern warning issued to those who change it.

With regard to the distribution of personal belongings, he does not have the right to state how they should be distributed after he dies, because the share of each heir has been defined by Allaah, and He has explained who inherits and who does not inherit. So it is not permitted for any person to transgress the limits set by Allaah, because Allaah has warned against doing that. Allaah says in Soorat al-Nisaa’ (interpretation of the meaning):

“Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit; (these fixed shares) are ordained by Allaah. And Allaah is Ever All‑Knower, All‑Wise.

In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third, after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allaah; and Allaah is Ever All‑Knowing, Most‑Forbearing.

These are the limits (set by) Allaah (or ordainments as regards laws of inheritance), and whosoever obeys Allaah and His Messenger (Muhammad) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success.

And whosoever disobeys Allaah and His Messenger (Muhammad), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment”
[al-Nisaa’ 4:11-14]

And Allaah knows best.

Further reading: A 6-Step Guide to Making Your Will