Sunan Ibn Majah volume-4

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Sunan Ibn Majah (5 Vol. Set)

Imam Muhammad Bib Yazeed ibn Majah Al-Qazwini
Language: Arabic-English | Format: PDF | Pages: 2678 | Size: 92 MB

Sunan Ibn Majah is one of the six most authentic collections of the Ahadith and contains 4,341 total Ahadith. Like the other translations of the six books of hadith, Dar-us-Salam Publications, has taken great care in correct translation, simple and clear modern English language, and high quality publishing.

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Sunan Ibn Majah volume-4

  1. 1. English Translation ofSunan Ibn M Volume 4 Compiled by: Im2m Muhammad Bin Yazeed Ibn Majah Al-Qazwini Ahidith edited, researched and referenced by: Hfifiz Abu T2hir Zubair Ati Zai Translated by: Nasiruddin al-Khattab (Canada) Edited by: Huda Khattab (Canada) Final review by: Abu Khaliyl (USA) DARUSSALAM - . GLOBAL LEADER IN ISLAMIC BOOKS Riyadh. Jeddah Al-Khobar -Sha!jah Lahore Londan .Houston- New York
  2. 2. In the Name ofAll&h, the Most Gracious, the Most Merczjbl Kalamullah.ComO Mahtaba Dar-us-Salam, 2007Klng Fahd Nabonel Llbrsry Catalog-in-PubbcaWon Datalmam hahz abu abdullah Sunan ibn majah, lmam hafizabu abdullah,Rryadh-2M 5v. 514 p, 14x21 cm ISBN: 9960-9881.3-9 (set) 9960-991 9-7-0 (~01.4) I-Al-hadithcommentar~es Al-had~th 3-Title 2- 237.7dc 1428110 8 Legal Deposit no.142811078 ISBN: 9668-9881-3-9 (set) 996o-g9r9-7-0 e01.4)
  3. 3. 23. The Chapters On Shares Of InheritanceChapter 1 . Encouragement To Learn About .Inheritance......................... 17Chapter 2. Shares For Descendants ....................................................... 18Chapter 3. The Share Of The Grandfa 20Chapter 4. The Inheritance Of A 21Chapter 5. One Who Leaves Behind No Heir...................................... 22Chapter 6. The People Of Islam Inheriting From the People Of Polytheism.. 25Chapter 7. Inheritance Of WalF ............................................................ 27Chapter 8. The Inheritance Of A KillerChapter 9. Relations Of TheChapter 11. One Who Has NoChapter 12. A Woman May G ...................... 34Chapter 13. One Who Rejeds His Child ................................................. 34Chapter 14. Claiming AChapter 15. Prohibition ce ....................... 37Chapter 16. Division Of InheritanceChapter 17. If A Newborn Cries, He Is An He 24. The Chapters On AUdChapter 1. The Virtue Of JhAdIn The Cause Of All& ... ...... .... .... .......... ... 41Chapter 2. The Virtue O Going Out In The Cause O f All& In The f Morning And the E 43Chapter 3. One Who Equips A 44Chapter 4. The Virtue Of Spending In The Cause Of AlEh ...... .... .......... ... 45Chapter 5. The Severity Of Forsaking Jihad.......................................... 46Chapter 6. One Who Is Kept From Jihtd By A (Legitimate) Excuse............. 47Chapter 7. The Virtue O Guarding The Frontiers In The Cause O f Alla,... 48 fChapter 8. The Virtue Of Guarding The Frontier And Saying The Takbir In The Cause Of All% ............................................................ 50Chapter 9. Going In Response To A General Call To Amx ....................... 51Chapter 10. The Virtue Of Battles AtChapter 1 . Mention Of Dailam And 1Chapter 12. A Man Who Goes To FChapter 13. The Intention In Fightin
  4. 4. Contents 6 &#IChapter 14. Keeping Horses In The Cause Of All& .................................. 60Chapter 15. Fighting In The Cause O f All* 64Chapter 16. The Virtue Of Martyrdom In The Cause O f A B h .................... 67Chapter 17. When Martyrdom Is Hoped Fo 70Chapter 18. Weapons nChapter 19. Shooting Arrows In The Cause Of All* ................................. 74Chapter 20. Flags And Standards........................................................... 77Chapter 22. Wearing Turbans During W ..................... 80Chapter 27. Seeking The Help Of The Polytheists ..................................... 84Chapter 28. Deceit In War .................................................................... 85Chapter 29. Single Combat And Plundering 86Chapter 30. Making A Sudden Raid At Ni Children............................................................................ 88Chapter 31. Burning The Lands Of The Enemy ........................................ 90Chapter 32. Ransoming PrisoneChapter 33. What The EnemyChapter 34. Stealing From The War Spoils O f War.................................... 93Chapter 35. Awards Granted From The Spoils O f War .............................. 94Chapter 36. Division Of Spoils O f War.................................................. 96Chapter 37. SlavesChapter 38. Order Of The LeaderChapter 41. The PledChapter 44. Competitions And Contests Enemy .............................................................................. 113Chapter 46. Tne Distribution Of One Fifth 113 25. The Chapters On H a j RitualsChapter 1. Going Out For Hajj ............................................................. 115Chapter 2. Tne Obligationof Hajj.. ... ... ......... ...... ...... ..... .... ........ ............ 116
  5. 5. Contents 7Chapter 3. The Virtue Of Hajj And Umr 118Chapter 4. Hajj On A Saddl 120Chapter 5. The Virtue Of ................... . . ........ 121Chapter 6. What (Condition) Makes Hajj Obligatory................................ 123Chapter 7. A Woman Performing HajjChapter 8. Hajj Is The J mOf Women iChapter 9. Hajj On Behalf O f The DeceasedChapter 10. Performing Hajj On Behalf Of A Living Person I He Is f Incapable Himself ............................................................... 128Chapter 11. Hajj Performed By Children 130Chapter 12. Women Who Are Bleeding Menstruating Should Enter &rim For Hajj .............................. 131Chapter 13. The Miqat For People Coming From Afar ............................... 132Chapter 14. The & r hChapter 15. TalbiyahChapter 16. RaisingChapter 17. Shade For The Muhrim ................................................... 138Chapter 18. Applying Perfume When Entering firam ............................... 138Chapter 19. What Clothes The Muhrim May We 139Chapter 20. Pants Or Pajamas And Leather Socks For The Muhrim Who Cannot Find Waist Wrapper Or Sandals................................. 141Chapter 21. Things To Be Avoided In l h r hChapter 22. The Muhrim May Wash His HeaChapter 24. Stipulating Conditions InChapter 26. Entering MakkaChapter 28. One Who Touches The Corner With A Staff ............................ 150Chapter 29. Walking Quickly When Going Around The House ................... 151Chapter 30. The IdtibiChapter 31. TheChapter 32. The Virtue O f T u mChapter 33. Two Rakah A h T u mChapter 34. A Sick Person Performing Tmuif While Riding......................... 158Chapter 35. The MultmChapter 37. Ifnid (Entering
  6. 6. Contents 8 S@ JChapter 41. Canceling HaChapter 46. Umrah DuringChapter 47. Umrah DuringChapter 48. Umrah From TChapter 49. One Who EnterChapter 5l. Going Out To M h aChapter 53. Setting Out In The Morning From Mina To Arafit .................. 183Chapter 54. The Place Of Halting At Araf.4Chapter 55. Place Of Standing At ArafitChapter 56. Supplicating At ArafiChapter 57. One Who ComesChapter 58. Departing From Chapter 59. Stopping Between Arafit and Muzdalifah For One Who Has A Need ................................................................................ 191Chapter 60. Joining Two Prayers At Jmn (Muzdalifah) .............................. 192Chapter 61. Stopping At Jmm (Muzdalifah)............................................ 192Chapter 62. One Who Comes From 1 1 . Mina To Stone The Pillars ....... 194Chapter 63; The Size.Of Pebbles To Be 195Chapter 65. When ,Stoned Jamrat AI-Aqabah He Should NotChapter 66. Stoning The Pillars While RidinChapter 67. To Delay Stonjng The Pillars.Due To An Excuse.. .................... 200Chaptw: 68. Stoning On Behalf Of Children .......................................... 201Chapter 69. When The Pil* Should Stop Reciting The Talbiyah ............... 201Chapter TO. What Becomes P&sible For A Man When He Has Stoned Aqabah Piuar ..................................................................... 202Chapter T l . Shaving @ e Head) ............................................................ b 203Chapter 72. Applying Something To His HeadChapter 73.. Slaughtering (The S a d c i a 1 Animal)Chapter 74. W h o m Performs OneRiteBefore Another ........................... 206
  7. 7. Chapter 75. Stoning The Pillars On The Days of Tffihriq............................. 208Chapter 76. The Sermon On The Day Of Saaifice..................................... 208Chapter 77. Visiting The HouseChapter 80. Staying OvernightChapter 84. The Hajj Of The Messenger of AUih @$ ................................. 220Chapter 85. One Who Is Prevented prom Completing The Haj1 ................. 231 Completing The HaChapter 91. WhatChapter 93. Permitting That When It Is NotChapter 95. Garlanding Sheep ............................................................... 241Chapter 96. Marking Sacrificial Camels (By Cutting A Side Of Its Hump Until Some Blood Flowed To Be Known As A SacrificialChapter 98. The Sacrificial Animal May Be Male 01 Female ....................... 243Chapter 100. Riding The Sacrificial AnimalsChapter 102. (Renting) Houses In MakkaChapter 103. The Virtue OfChapter 104. The Virtue O fChapter 105. The Wealth O f The K aChapter 106. Fasting The Month ........................... 252Chapter 107. Tmif In Tne Rain ............................................................... 252Chapter 108. Performing Hajj Walking 253
  8. 8. Contents 10 c& * ! 26. Chapters On SacrificesChapter 1. The Sacrifices Of The Messenger Of All* .......................... 254Chapter 2 Are Sacrifices Obligatory Or No 256Chapter 3. The Reward For (Offering) The Sacrifice ................................. 257Chapter 4. What Saaifices Are Recommended... .......... .................. ... .. 258Chapter 5. Number Of Persons For Whom A Camel And A Cow Is sufficChapter 6. HowChapter 7. What Qualifies As A Saaifice ............................................... 262Chapter 8. What It is Disliked To Use For A Sacrifice ........ ............ ...... .... 264Chapter 9. One Who Buys A Sound, Healthy Animal Then Something Happens To It While It Is In His Care.................................... 266Chapter 10. One Who Offers A Sheep On Behalf O f His Family.................. 266Chapter 1 . The One Who Wants To (Xfer A Saaifice Should Not Remove 1 Anything From His Hair Or Nails During The Ten (Days At the Beginning Of Dhd-HijjahChapter 14. The Skins of The Saaifical Animals ... ........... ................ ......... 271Chapter 15. Eating From The Saaificial Meat ........................................... 271Chapter 16. Storing The Meat Of S a a i f i d Animals ................................. 272Chapter 17. Slaughtering At The Prayer place 273 27. Chapters On SlaughteringChapter 1. Aqi 274Chapter 2. The ..................... ........................... 276Chapter 3. If You Slaughter Then Slaughter Well .................................... 278Chapter 4. Mentioning The Name Of All% When Slaughtering.... ............. 280Chapter 5. With What Animals May Be Slaughterrd................................ 281Chapter 6. Skinning (The Slaughtered Animal) 283Chapter 7. Prohibition O f Slaughtering Lactating Is ...... ........ ........ .. 283Chapter 8. An Anjmal Slaughtered By A Woman .................................... 284Chapter 9. Killing Runaway Animals 285Chapter 10. Prohibition Of Tying Up Animals (And Killing Them) And Mutilation ........................................................................ 286Chapter 1 . The Prohibition O f The Meat Of Jalltlah.................................. 287 1Chapter 12. Horse Mea 288Chapter 13. The Flesh Of Domesticated Donkeys .................................... 288
  9. 9. Contents 11 @&IChapter 14. The Meat Of Mules ............................................................. 291Chapter 15. The Fetus Is Considered Legally Slaughtered With The Legal Slaughtering Of Its Mother 291 28. Chapters On HuntingChapter 1 Killing Dogs Except Dogs Used For Hunting Or Farming.......... 293 .Chapter 2. The Prohibition Of Keeping Dogs Except For Dogs Used For Hunting, Farming Or Herding Livestock ................................ 295 296 298 299 .................. 300Chaptm 7. Hunting With Mirrid ........................................................... 300Chapter 8: , What Is Cut From An Animal When It Is Sil Alive ................. 301 tlChapter 9. Hunting Fish And Locus 302Chapter 10. What It Is Forbidden To 304Chapter 11. Prohibition Of Throwing Small Pebbles .................................. 306Chapter 12. Killing House Lizard 307Chapter 13. Eating Any Predatory That Has Fangs ........................ 309Chapter 14. Wolves And Foxes .............................................................. 310Chapter 15. Hyenas 311Chapter 16. Masti 311Chapter 17. Rabb 314Chapter.18. Game Of The Sea That Rises To The Surface........................... 316Chapter 19. Crows .............................................................................. 317Chapter 20. Cats.............................................................................. 318 29. Chapters On FoodChapter 1 Feeding Others .Chapter 2. The Food Of One IsChapter 3. The Believer E With Seven IntestineChapter 4. The ProhibitiChapter 5. Ablution (WChapter 6. E a k g While RediningChapter 7. Saying BismChapter 8. Eating With The Right HanChapter 9. Licking The FingersChapter 10. Cleaning The Plat
  10. 10. Contents 12 uMChapter 11. Eating From That Which Is In Front O You ........................... 329 fChapter 12. Tne Prohibition Of Eating From The Top Of The %rid ............ 330Chapter 16. What Is To Be Said When OneChapter 18. Blowing OnChapter 20. Eating At A DDining SChapter 21. Prohibition Of Standin d Has Been Cleared Away, And That One Take His Hand Away Until The People Have Finished Eating .......................................................... 340Chapter 25. EatingChapter 35. Milk ................................................................................. 352 ........................... 353Chapter 42. Inspecting DatChapter 44. White BreaChapter 45. Thin LoavaChapter 47. Bread Softened With Gh
  11. 11. Contents 23 && AChapter 48. Wheat BreChapter 50. Being EcoChapter 55. HospitalityChapter 56. I€ A Guest ................ 370Chapter 58. Whwver Cooks, Let Him Add More Water ............................ 372Chapter 59. Eating Garlic, Onions And L 373Chapter 60. Eating Cheese And Gh 375Chapter 61. Eating Fruit .................................................................... 375Chapter 62. The Prohibition Of Eating While Lying Down Prostrate ............ 376 3. Chapters On Drinks 0Chapter 1 Wine Is The Key To Al . lChapter 2. Whoever Drinks Wine In This World, He WiU Not Drink It InChapter 3. The OneChapter 5. What Wine Is Made FroChapter 6. Wine Is Cursed From TenChapter 7. Dealing h Wine ................................................................. 382Chapter 8. They Will Call Wine By Other Names .................................... 383Chapter 9. Every Intoxicant Is HUT& 384Chapter 10. What Causa Int Of It Is (Also) UnIa 386Chapter 1 . 1 The Prohibition Of .................................... 387Chapter 12. Description Of Nabidk And How It Is Drunk ........................... 389Chapter 13. The Prohibition Of Making Nabidh In Certain Vessels ............... 390Chapter 14. Concessions Regarding ThatChapter 15. Nabi& MChapter 16. Covering VesselChapter 17. DrinkingChapter 18. DrinkingChapter 19. Tipping Up WaterChapter 20. Drinking
  12. 12. Contents 14 &AJJChapter 21. Drinking While Standing Up 398Chapter 22. When IXnlkg, Ihe (Vessel) Should Be Passed Around To Right ............................................................................... 400Chapter 23. Breathing Into Ihe Vesse 401 401 402 To Drink From It ................................................................ 404Chapter 27. Drinking From A Glas 4D4 31. Chapters On MedicineChapter 1. AU3hHas Not Sent Down Any Disease Except That He Has Also Sent Down Ihe C E For It UChapter 2. When A Sick Person Desires Some (Food) ..... .................... .... . 408Chapter 5. Talbinah.......................................................................... 411Chapter 6. Black Seed (Nigella SativaChapter 7. HoneyChapter 14. Treatment For SdatiChapter 22. On Which Days Should Cupping Be Done? ............................ 432Chapter 23. Cauterization 434Chapter 24. One Who Is Cauterized 435Chapter 25. Kohl With Antimon 436
  13. 13. Contents 15 *&I IiChapter 26. One Who Applies Kohl An Odd Number Of Times .... ...... ....... 437Chapter 27. Prohibition Of Treating Disease With Wine ............................. 438 iChapter 31. If A Fly Falls Into A Vessel ............................................. 440Chapter 32. The Evil EyeChapter 34. What Is Permitted Regarding Ruqy& ..................................... 445Chapter 35. Ruqyah For Snakebites And Scorpion Stings .......... ..... ......... .... 446Chapter 36. What The Prophet Recited To Seek Refuge For Others And What Was Recited (In Tnat Regard) For Him .......................... 447Chapter 37. What (Is Said) To Seek Refuge From Fever ............................. 451Chapter 38. Blowing When Performing Ruqyah...................................... 452Chapter 39. Hanging Amulets ............................................................... 454Chapter 40. An-Nuskrah 456 457Chapter 42. Killing Dkit-Tufiatai 457Chapter 43. Whoever Likes Goo ..................... 458Chapter 44. Lepr 461 464 32. Chapters Of DressChapter 1. The Clothing Of The Messenger Of AUih ........................... 468Chapter 2. What A Man Should Say When He Puts On A New G m e n t ... 471Chapter 3. Clothes That Are Forbidden ............................................. 472Chapter 4. Wearing Woo 474Chapter5. WhiteGarm 475Chapter 6. One Who Lets His Garmmt Drag Out O f Ride ....................... 477Chapter 7. Where Is the Place Of The Lower Wrap? ................................ 478Chapter 8. Wearing A SChapter 9. How LongChapter 10. How Should The Sleeves Of The Garment Be? ........................ 481Chapter 11. Undoing ButtonsChapter 12. Wearing TrouserChapter 13. How Long . ............. 482Chapter 14. Black TurbChapter 15. Letting TheChapter 16. It Is MukruChapter 17. One Who Is Granted A Concession Allowing Him To Wear Silk 487
  14. 14. Contents 16Chapter 18. Concession With Regard To Markings On A Garment. .... ...... ... 487Chapter 19. Wearing Silk And Gold For WomChapter 20. Wearing Red For Men ...............Chapter 21. Clothes Dyed With Safflower Are Undesirable For Men ............ 491Chapter 22. Yellow For M 493Chapter 23. Wear Whatever You Want, As Long As You Avoid Extravagance And Vanity ..... .......... ................. ............. . 493Chapter 24. One Who Wears A Garment Of Ride And Vanity ...... .......... ... 494Chapter 25. Wearing The Skim Of Dead Animals When They Have Been Tanned ............................................................................. 495Chapter 26. Those Who Say That The Untanned S d Sinew Of Dead Animals Should Not Be Made Use 0 497Chapter 27. Description Of Sandals ................... 497Chapter 28. Putting On Sandals And Takmg Them Off .......... .... ..... ...... ..... 498Chapter 29. Walking In One Sanda 499Chapter 30. Putting On Sandals While Standin 499Chapter 31. Black Leather Soc 500Chapter 32. Dyeing (Hair) W ................................................ 500Chapter 33. Dyeing Hair Blac 502Chapter 34. Dyeing Hair With Y 502Chapter 35. One Who Does Not 503Chapter 36. Wearing Ones Hair Down To The Shoulders, And Wearing Braid 504Chapter 37. It Is Disliked To Ha 506Chapter 38. Prohibition Of Qmn 507Chapter 39. Inscriptions On 507Chapter 40. Prohibition Of G .............................................. 509Chapter 41. One Who Wears A Ring With The Stone Nearest His Palm ....... 510Chapter 42. Wearing RingsChapter 43. Wearing Rings Gn TheChapter 44. Images In The HouseChapter 45. Images On It- h t Are Stepped OnChapter 46. The Saddle CuChapter 47. Riding On Leopard S
  15. 15. The Chapte~s Shares Of Inheritance On 17 &$+ +!&I In t h Name of All%, the Most B&mt, the Most Merciful - 23. The Chapters On & I ~ I "I&$ (YV +) , Shares Of Inheritance ( O &A!) The Ahtdifh in these chapters give us that knowledge regarding who is an heir and who is not, and what is the right of every heir.a. Grounds of inheritance are:1. Bloodline relationship: As in father, grandfather, son, grandson, or brother etc.2. Marriage: Through the tie of maniage, husband and wife become the heir o each other. f3. Wala: One who f e sa slave becomes the heir o the freed slave. re fb. Prohibitions:1. Infidelity: A Muslim cannot become an heir of a disbeliever and similarly a disbeliever cannot become an heir of a Muslim.2. Murder: A killer cannot become an heir of the one whom he killed.3. Slavery: A slave cannot become an heir of anyone.4. Illegal sexual intercourse: A child born as a result of illegal sexual intercourse cannot become a n heir.5. L i h Through Liln, a husband and wife cease to be the heir of each other.6. A child born dead cannot be a n heir.c. Conditions:1. There should be no prohibitions present as mentioned above.2. An heir must be alive till the death of his progenitor from whom he is to inherit.3. Finn confirmation of progenitors death.Chapter 1. Encouragement ToLearn About Inheritance ( &-dl) &l$l2719. It was narrated from Abu . JP ,!>! , $213~ - G s yyqHurairah that the Messenger of ,. ;61$ ;ph; f , lAll31 said: "0 Abu Hurairah. -- d d ,Learn about inheritance and teachit, for it is half of knowledge, but :,.,, LF)_/ ic$l 2 ? q J l *Is .*p 2 , LL 4 it will be forgotten. This is the G/ a! . :@ $1 3 4 ; 26 :j6first thing thatvwill be taken awayfrom my nation." (Daifl , &I - ; zg &$;
  16. 16. The Chapters On Shares Of Inheritance 18 &I+! +!&I:JLi, G - a j ! Li P 7-q/?:&/ b ; e ~l ! + o>Lj!l :&?j! ki 3 $114&!9 i&J1 G 1 d 3 $ 4&J 4 IIOT j 4! >$ ! IComments: Ibis is the first thing that will be taken away means that people who Seam this knowledge and teach it, will become extinct and the knowledge o f inheritance will come to a n end.Chapter 2. Shares For &I 1 9 8 - (7 +I)Descendants (7 ZiLIl)2720. It was narrated that Jibirbin Abdullzh said: "The wife of - &T $ ~G k - yyy,Sad binRabi ,-ame with the two 2 $1 & 3 w 2 : & GLdaughters of Sad to the Prophet and said: 0 Messenger of :JG , + + dG 3 cs& +All&, these are the two daughtersof Sad. He was killed with you 2 & g$ 1 E3! g6G + @A : +G ~glon the day of Uhud, and their ., #paternal uncle has taken all thattheir father left behind, and awoman is onlv married for her t$Z q 56 . $1 iz k d 1 : .LA! G A 5 :fa, 42 .& , I * - , ~i * ,,Iwealth. The Pfophet @ remaineds i l e n t u n t i l t h e V e r s e of & @ $1-, . q ~ . GL J .- .,.6inheritance was revealed to him. &T $$$ +! ;3 GZ . + ! s l GI d>! ;Then the Messenger of All& @called the brother of Sad binRabi and said: Give the twodaughters of Sad two thirds of - + gl ~~ 7 :j ,F;31 + + 6 :i& .&II 5fyl-; .$G 2 " ; 7his wealth, and give his wife one .t geighth, and take what is left."(kifl&I r>ly 4 .db I ,, ! i , , p [ i + . ~ L j l :&j: I C Y ~ Y :e L $ l ~ - J 1% @ &I cijb ; Y A 4 : C P .rq.:c trG- . + 2 @ >! * &JIJComments:a. The Divine law of Islam has lived the shares o certain heirs. These heirs are f called Ashdbul-Furudh. After giving them their due share, the rest o the f legacy is distributed among the bloodline relatives o the deceased, and f these are called Asabah.
  17. 17. The Chapters Onshares Of Inheritance 19 &l~l+lgib. If someone has only one daughter, she will get half o the total legacy, if f daughters are more than one, then the total legacy will be divided into three parts, and two thirds will be divided among the daughters. (An-Nisi4:ll)c. If the deceased leaves behind sons and daughters among his heirs, then according to their numbers, every male will get two shares and every female one share. (An-Nisi. 4: 11.)d. If the deceased has no chiIdren, then one fourth o his total legacy will go to f his wife, and if the deceased has children, as is mentioned in the matiion, then the wife will get one eighth of the total legacy, and if there is more than one wife o the deceased, then one fourth or one eighth, according to f the situation, will be distributed among the wives.e. The brother of the deceased is one of his Asabuh, therefore, after giving the shares of Ash8hl-Fum& (wife and daughters) rest will be given to him.f. According to the event referred to in this narration, twenty-four total shares w m dedared, and one eighth shares were given to the wife and s i x t m shares, i.e., two thirds were given to two daughters (eight shares to each daughter) and the rest of the shares, i.e., five shares were given to the brother. (Three shares were given to the wife, sixteen shares were given to two daughters, and five shares were given to the brother, totaling twenty- four shares.) 2721. It was narrated that Huzail G k 2 9 G k - YVY :-bin Shurahbil said: "A man cameto Abu Muss Al.AsKari andS a w bin Rabiah Al-BShiIi and <J?;~I& &f 2 : -, & 6.k ~ 52 -asked them about (the shares of) a Ji g; :JG ~2 2 , zG ,daughter, a sons daughter, a -; $ a L & ; J>Pl -, I &y ) $ fsister through ones father and ~ *, . ,mother. They said: The daughter &I %I3 GI , 2 ~ .&dl k ~gets one half, and what is left . I Z :6 .PI: u$goes to the sister. Go to IbnMasud, for he will concur withwhat we say. So the man went toIbn Masud, and told him whatthey had said. Abdull* said: Iwill go astray and will not beguided (if I say that I agree); but Iwill judge as the Messenger ofAlEh g$ judged. The daughtergets one half, and the sonsdaughter gets one-sixth. Thatmakes two-thirds. And what isleft goes to the sister." (Sahih)
  18. 18. The Chapters On Sharrs Of Inheritance 20 +I31 +*I+i +-L- I V ,, . ~ CLI I, LI S ,I U L ,, + ,& I G ~ ~bjT W I :=i; I& 41 @>J;il !+ d Q-L- IVLY & ,Comments:a. The opinion of the two Companions was most probably based on the principle that m the presence of a close relative, &stant relahves do not get any share, therefore, m the presence of a daughter they took the share of the grand-daughter and they suggested to give the remautder to the sisterb. AbdulGh bin Mwud based his opinion on a principle that was not known to those two Companionsc. If the heirs are only two daughters, ther fixed share IS two tlurds and in the absence of daughters, the share goes to grand daughters. As the share of one daughter is one half, in the absence of a daughter the share will go to the grand-daughter. In the light of these principles, the share of one daughter is one half and the share of one daughter and one granddaughter IS two tlurds, therefore, after deducting half from the two tlurds, one sixth r e m m , which goes to the granddaughter.d. In this situahon, the daughter and granddaughter do not get equal shares because their relationship with the deceased IS not equal. In the presence of a daughter or daughters, the granddaughter or granddaughters share stands as Asabah.Chapter 3. The Shares OfThe Grandfather g @f$ f + - (Y +I) (I" d l )2722. It was narrated that Maqil fik .i$ <f 2 $f ; G k - y v y ybin YasCr Al-Muzani said: "I i. .heard the Proohet @ when a casewas brought to him which ., 2 .3 $& + f,,, ., c + , &% < :, , Lb 2c 2 c[&2ii n v o l v e d t h e s h a r e of agrandfather. He gave him one Gf @$ $1 :Jg ~ $ 1 2G $1third, or one sixth." (Duij) .Lk f; $ &E, .$ +,, - ;2723. It was narrated that Maail I;< - fl~ .& $7 G k - YVYYbin YasGr said: "The Messenger ofAllGh g ruled concerning a @ ;$ & *2 p G kgrandfather who was among us, : 26 >& 2 && 2 & d l , ,that he should receive one sixth." .5f" ~ J Lj SE k 2 B p i A&; L ,
  19. 19. The Chapters On Shares Of Inheritance 21 +I41 Gl%f .V cr& &I + 6y.g TA4V ,I, di L . C LIL P u L - ~ ibComments: In the absence of the deceaseds father, one slxth share goes to the grandfather. If the father is ahve, then this share w~ll to the fathrr and go the grandfather gets n o h gChapter 4. The Inheritance I I - (r 41)Of A Grandmother (t2724. It was narrated that Ibn .. + 3p2 I& .,.h ,*, Dhuaib said: "A grandmother came to Abu Bakr Siddia and &3l zEf; : $1 L2-b - YVY i 7 -, asked him for her inheritance. ,$ 2 LL :"@ , I +I $$, Abu Bakr said to her: You have Gk 2 2~ &, . r~ -3 -nothing according to the Book of u :G s - : #-, i * $All*, and I dont know of any 2 <+Q : d .! i? j g, @ f i ,* G thing for you according to the , , , Sunnah of the Messenger of All* :Jg 43: $1 2 czy 2 SL! I ; # - 2@. Go hack nntil-1 ask thepeople. So he asked the people T G+al&dfJLtal E ., +6G d ,and Al-Mughirah bin Shubah L& , 2 4 G :-& -: - - f 4 J 6 .$I>said: I was present w ~ t htheMessenger of AlEh and he I ; 4 G r$ 91gave her (the grandmother) one Ji . LI.t?Jl h ! z * &6 * h p .@ @$sixth. Abu Bakr said: Is there A- :% i21 J6anyone else with you (who will -, a .1 ;corroborate whit yo; say)? JG .. l G G.B ;a ~ j ~ ;Muhammad bin Maslamah Al-Ans2ri s t o o d u p a n d said % z- k s I&somethmg like what Mughirah 2 . , JE 5 JG aJL:,l -,bin Shubah had said. So AbuBakr applied it in her case." , $ ; g <?!:,LLULB 7 .+ : , "Then the other grandmother, on a :XI +zG ;the fathers side, came to Umar &and asked him for her inheritance. G : . Tf J6$12 $ JLHe said: You have nothingaccording to the Book of Aim, Lg G> .:$ $ yq 2 4 1The ruling that was passed 2 cf ~3 ,$$, GL & $41applied to someone other than , i a, $ d> cG:wlyou, and I will not make anv , . ,$ LI. $1:a d d i t i o n t o the s h a r e s o-f &f & y; ,inheritance. But it is one sixth. If *
  20. 20. The ChaptersOn Shares Of Inheritance 22 e 1 l 3 -Is!there are two of you then it is tobe shared between you, and if oneof you is alone then it all belongsto her." (Sahih)Comments:a. The Arabic word Jaddah is used for grandmothers, both the mothers mother and the fathers mother. In this event the sffond lady was the fathers mother. It clarifies that first lady mentioned in tlus narration was the motheis mother, and the second was the fathers mother.b. The share from the legacy for both grandmothers, either from the side of father or from the side of mother, 1 fixed, and it is one siuth. I both are s f alive, this one sixth share is divided between these two ladies.Abbss that the Messenger ofAll& @$ gave a grandmother one " -- A> 3 3 [>&I E k + J I ,sixth of the inheritance. (Sahih) sf J + $1 2 2 $ 2 cd$Comments: In the light of Hadith no. 2724, the decision taken on the issue is correct. ,,aChapter 5. One Who Leaves (0 U I ) gwl - (0 +I)Behind No Heir2726. It w a s narrated from fik :% 6f d .- ; , f; 6~ y v y , -Madsn bin Abu Talhah Al-yamuri that Urn binKhattsb $:& 3 G& + 3 ! 2 &GL $ 1stood up to deliver a sermon oneFriday, or he addressed them one GI - - .- $ dl&& y 412 &L 2 dt , , -,
  21. 21. The ChaptersOn Shares Of Inheritance 23 +lgi 1 1Friday. He praised and glorifiedA * and said: "By All& I U, am f~ -u, + ,, 2~ 431 anot leaving behind any problem fz f; fz .MI + #more difficult than the one wholeaves behind no heir. I asked the- ~ ~ G !+I; - ., :~ 6 & $3 ZI i 3 $Messenger of All* @, and henever spoke so harshly to me P e a/ : di P 3 * GG ., T & G .ZGIabout anvthine a s he sooke to me -. 41 - d .% . j4;. ., 3; - ,about &s. HZjabbed his finger $. $9 afinto my side or my chest and ,, . - .said: 0 Umar, sufficient for you . +?.b Jy $ 2 2 ,$ ,is the Verse that was revealed insummer, at the end of Surat An- A:: $*, & -I L ? . ~ & ~ . ; . B : j 6 rNisi?." (Sahih) . " d l 1 5 4 872a. Those who leave behind neither descendent nor ascendant, their legacy is distributed among their brothers and sisters.b. The Verse revealed i the summer is Verse no. 176 of Surat An-Nisa^.In this n Verse, it is explained, that if a male dies and he has a sister from his mother and father i.e., real sister, or a sister fiom his father, i.e., stepsister, she will get one half of her brothers legacy. I the deceased is a funale and she bas f a brother the entire legacy will go to him.c. It is also mentioned in this Verse, that if such a person has two real sisters, or two sisters from his father, but from another mother, they will get two thirds of the legacy.d. I the person who leaves behind no heir has real brothers and sisters, and f he also has brothers and sisters from his father, but from another mother, in this situation, the legacy will be distributed such that every brother will get two shares and every sister will get one share.e. In the case where a person has one uterine brother or one uterine sister from the same mother but from different fathers, he/she will get one sixth of the legacy, and if he has two brothers or more, and two sisters or more, they will get one third of the total legacy, and this will be equally distributed among them. In this case, brothers and sisters get equal shares. The brothds share is not double. (An-Nist 4:12)2727. Umar bin Khattsb said: & ~f ;4 2 p G k - y v y v "There are three things, if theMessenger of A * l l had ;:G36, :YG q&f, 21 , .clarified them, that would havebeen dearer to me than the world + ;y 3 &:y2 . 6 2 :A,-& j>and everything in it: a person :-uI 2 J6 :JG j& ; 2
  22. 22. The ChapksOn Shares Of Inheritance 24 +l$il "&Iwho leaves behind no heir, usury,and the caliphate." ( a o D s y @ $1 J; + ];$I A% , * Qa w l : ; ,,a G< $Jl $i-T .ZQ1; + P ~ ~FI L$i & J~I , e , 4;1: iSiPd~ [+cfl . a l j l l :G+4.C &I p , ,, h2,r.r.;:, c+, , O P A A : ~C~,L;-~I c+iJ L J - ~ G ,j. "Ir!, a w l , &I :I& I ! + + L $ . + ij @ hi JYJ hi , i ! 5 X 3 :JLi I , LJI ", liComments: A person who leaves behind no heir, may have three types of brothers and sisters.i. Real brothers and sisters (from the same mother and father).ii. Stepbrothers and sisters (from the same father but from different mothers).iii.Uterine brothers and sisters. (from the same mother but different fathers) The explanation of (i) and (ii) is in Verse 176 Surat An-Nisi? and the explanation of ( ) in Verse 12 Surat An-Nisi. Eis2728. It was narrated from 6 2 g ;+ 6k - Y V Y AMuhammad bin Munkadir that heheard JSbir bin AbdulEh say: "I 2i; g ,mig &2fell sick and the Messenger of &I j&; -y ? ll~t - .$ $ l .J g s lAllgh came to visit me, he and *Abu Bakr with him, and they G< .k. $ i f ; $ &:$ @ -?came w a l k i n g . I h a d l o s t & I J; + G$ ,$. 3; .+gc .consciousness, so the Messengerof All* ,-- verformed ablution L - :a ,&&> , , 5 & / @and poured some of the water ofhis ablution over me. I said: 0 2 . & . c-p - !4UlA JGJ ,Messenger of All*, what should I $ +ldl 2 a-5 2 &?do? How should I decide aboutmy wealth? Until the Verse of 4 - 2 > , QJ3? J d g r :$L31inheritance was revealed at the 6 i l .[ 7 i : & l %vlend of An-Nisu "If the man or %,I . ,woman whose inheritance is in .%v~ [VT : e 4 w~ 1 4 ~ ~ M.question h a s left neitherascendants nor descendants."[]And: "They ask you for a legalverdict. Say: Allgh directs (thus) about those who leave neither
  23. 23. The Chapters On Shares Of Inheritance 25 & J ~ Gl$l Idescendants nor ascendants as . fYl p :G+heirs."[] (Sahih)Comments: The Second Verse mentioned in the narration explams the shares of real and stepbrothers and sisters, whereas the first Verse menhoned in the narration explams the shares of uterine brothers and sEters. (See comments on Hadtth 2726)Chapter 6. The People OfIslam Inheriting From the f i l l &f +& ,I +- ( 7 ,-dl) ! ,1 L d l ) 4291$7 & (People Of Polytheism ,. &=+ 2 JG2 ;& G% - Y V Y q 19,)2729. It was narrated f r o mU-s bin Zaid, who attributedit to the Prophet @: "The Muslim , *~, , 4L-T J aa, , x : j j ~F. e ; @does not inherit from a disbeliever 9p &I % 3 ~ $ 1 2 ,$and the disbeliever does notinherit from a Muslim." (Sahih) , $2 2 2 z 2 G 21 .;~ I I Y :j .@ $1. , .@U I 2Liil Y;iL +dl >U1 Y3 jIi a l + A> Y :?I+ c&l+ll lsi+l 4 :c$I A Y : I I v t : I . . . +! .+dl&&+> 71i: j i a l Ad Ys >UlComments: A disbeliever means all non-Muslims like Hindus, Sikhs, Buddhists, Atheists, Qadianis, Bahaists etc., even Jews and Chistiam are included in the category of non-Muslims.2730. It was narrated from I . y, .. I.,.-U rs - YVY.U s h a h bin Zaid that he said: "0 , ,* 2 j.2 , ,p~ , a 41 + E L a, ~Messen~er AlEh. wilI von stav " of . : ? L+>in your house in ~ a & h ? " Hsaid: "Has Aqeel left us any : x> 3 &I p > "L& 2 I&:houses?" . irl 2Lf i ,~ ,,$ : a& 2 2p5y , , Aqeel had inherited from AbuTGlib, he and T*b, but neither 3 ~ 3 J$i $1 ; - : A3331 j; $ <:jGjG 3 : TkJafar nor Ali had inherited i~5 @ f kanything, because they were u? ?;Muslims, but Aqeel and TBlibwere disbelievers. $ $ L+ [$I ;&> Because of that, Umar used to[I An-Nisa 4.176 See no. 1436 also.
  24. 24. The Chapters On Shares MInheritance 26 +lgl +lsisay: "The believer cannot inheritfrom a disbeliever." , ~ 3 y; + A+ $ & ; ,G,&; A n d U s s m a h s a i d : "The G&;&j2 Lg; .& EL? Lt $Messenger of AlEh @ said: TheMuslim does not inherit from a .$, $disbeliever and the disbeliever y :J& 4&r : 3 LGdoes not inherit from a Muslim."(Sahih) .>I3L9.l A+ YB +I j ; j6 : k ~ j6; + f .U @ I ~ L ~ I Y ~ $51 $251A>4AA:e $1 . . . gIGJ &, & Jj> ?L &I cisJ@ :&djs ro:z kJ,> iiy3 & +I J,J~ +L &I , + + + , &T . I .*VI .a ,2 L u .i ; + d l &I> + pli. $i &dl j! 3 p r j: *p/Comments:a. This incident occurred at the occasion of the last Hqj (Sahih Buhiri: 3058) or when Ahu T a b died. Aqeel by that time had not embraced Islam, therefore, he got a share from the legacy, because Ali and Jafar had embraced Islam, so they were deprived of the share. Aqeel embraced Islam later.b. InGm B M inferred from this incident that if a pason living in (Dirurul- Harb) a non-Muslim country if embraces Islam he can continue to keep his property as before.c. H 3 i z Ibn Hajar says, "Aqeel had sold that house." (Fathul-Bin, v. 3. pp. 571)2731. It was narrated from Amr $1 Ef$f $ :@; G k - YVYbin Shuaib, from his father, fromhis grandfather, that the - 5f .A 2 2 91 i* , 46 2 Q - Messenger of All* @$ said: ,, ~ "People of two different religions + , , C.do not inherit from one another." ~n : ~6 @$ $ JG; hi ?%2 %f -, 1(Sahih) .u& $1 , ,Comments:a. Two different religions mean Muslims and disbelievers.h. A disbeliever is the heir of another wen they are from different types of disbelieving sects.
  25. 25. The Chapters On Shares Of Inheritance 27 + l ~ l + l ~ ~Chapter 7. Inheritance Of~azii~~l2732. It was narrated from Amrbin Shuaib, from his father, thathis grandfather said: "Rabib binHudhaifah (bin Saeed) bin Sahrnmarried Umm WVil bint MamarAl-Jumahiyya and she bore himthree sons. Their mother died andher sons inherited her houses andthe WaW of her freed slaves. Amrbin & took them out to S h h ,and they died of the plague ofAmwis. Amr inherited fromthem, and he was their ~sabah.~~When Amr bin As came back,Banu Mamar came to bim andthey referred their dispute withhim concerning the WalK of theirsister to Umar. Umar said: I willjudge between you according towhat I heard from the Messengerof All& g.I heard him say:"What the son or father acquiresgoes to his Asabah, no matterwho they are." So he ruled inour favor and wrote a documentto that effect, in which was thetestimony of Abdur-RahSn binAwf, Zaid bin Thibit andsomeone else. Then when Abdul-Malik bin Marw2n was appointedcaliph, a freed slave of hers (UmmWVils) died, leaving behind twothousand Din%. I heard that thatruling had been changed, so theyreferred the dispute to Hishim[I See no. 2712.[I Normally Asabdh refers to the r e a-g male relatives of the deceased on the fathers side.
  26. 26. The ChaptersOnShares MInheritanee 28 +I&! i 1 $ &dl >i 6;7 abin Ismiil. We referred thematter t o Abdul-Malik, and f2 , $7 ,d~ #,brought h ~ m the document of 22 Lh . 12 I& dUmar. He said: I thought thatthis was a ruling concerning J;$ .kG e i f swhich there was no doubt. I neverthought that the people of Al-Madinah would reach such a statethat they w o d d doubt this rulingSo he ruled in our favor, and itremained hke that afterwards."(Hasan)4 T4V grYJl J u L cSJI4JI >>I> 917 4ryi [- oLll . j c ; A%- -+-Comments:a Inheritance is hrst d~stnbutd among the Asluibul-Furudh accordmg to thew fixed shares, and whatever remams from the legacy 1s btnbuted among the Asabah. If a freed slave does not have any Asabah relahves then the one who has fieed the slave becomes h s Asabah, and if the freed slave does not have Ashabul-Furudh nor Asabah, then the one who has freed the slave becomes the sole her of the slave.b Wdii of Umm W211 was gven to her sons. After the death of her sons, Waiii remained m the same bloodhe family, m e m g that it r e m m e d m U r n W6ils m-laws f a d y . Umm W61ls family or her cbddrens maternal famdys law suit was rejected.c In the presence of Asabah, relahves from the side of the wlfe do not become heirs2733. I t w a s narrated from&shah that the freed slave of theProphet @ fell from a palm treeand died. He left behmd wealthbut he had no c h l d or closerelative. The Prophet said:"G~veh s legacy to a man fromh village." (Hasan)
  27. 27. Comments: .T.a:c,&$l ,, ,+ g3+A j ~ 4 . y : ~ .a. The Noble Prophet & was the heir to this man. He did not hke to take the belonpgs of the slave, and ordered to distribute his property among lus pmpleb. One who has no heir, his property is deposited in the pubhc treasury which can be used for the common benefits of the Muslim community.c. In the absence of a public treasury, the legacy of a slave havlng no h a goes to the people of his town.2734. It was narrated that the 4yg&31 <UG - Y V Y i ::-, ,, .idaughter of Hamzah said: "Myfreed slave died, leaving behind a 2 g ,y :$I; 2 2 2 Gdaughter. The Messenger of All*&@ divided his wealth between $g~,+ e71 ~6 c:s 3 ~ 2 4 ~ 2 $1 g s*myself and his daughter, giving 4 2me half and her half." (Daij) ,.2 +I 6 1 2 $ ; ,.&I 5 & % 1 i -, A$; ~ Y A G : L I E +y ,, .%I S ?I2 . &9 r": 2~ 3% &, Jg; .- : I . - - , +: w al $ ; A &;,ti&, ? r ~ A : e , ~ ? / t : d s I j. U l + y T [ + s L ; ~ ] ~ . :c+,IG& AIJ+ +I + GI&, ~ o t : ~ , p & ++I a+hJL + +I 3 &I, 2 Y 7 t : c &."l&l +, jI +PI L ? , >> 3i 9 . ~ ~ ~ ~ I - ~ - ~ ~ . ~ l J j i ; ~ ~ ~ T t l / ~ : & I J i j ~ c _ kComments: If a slave dies and leaves a daughter behind, the daughter gets half of the legacy, and second half go .to the Asabah. In this narration half of the total legacy was given to her daughter, and the remaining half was given to the Asabah of that freed slave.Chapter 8. The inheritance &d - (A 4 1 )Of A Killer (A &dl)2735. It was narrated from AbuHurairah that the Messenger of ~a~ :r ; ,: " " * ** lezs E L - YvYoAll* &@ said: "The killer does not $1 2 , ?>> , I $i + ;IA.Li ,y & 2 1inherit." (Hosan) 4 g.,+ & "I& $ $ & 4G; , g ~ ,> :, 6 ~, -3 , O r - P 4 2 ..?j% .EL+ @BI, y :jti
  28. 28. The Chapters On Shares Of Inheritance 30 Glgi &!dl ,Ylio:c p1 lF :c+Comments:a. Killing deprives the killer from being a heir. I a killer is a relative of the f one killed, by which he would have become the heir, then due to the crime of killing, he loses this right, and is deprived of the right of being heir.b. This order is for every killer, whether he is from Ashcibul-Funrdh or Asabnh. For example, a man has two sons; one of them kills his father, then deducting the share of Ashdbul-Furudh from the total legacy, the rest wiU be given to the son who was not involved in the crime of killing, the other son who was the kdler gets nothing.c. Usually the motive of such murder is to get the property sooner. The law given in this Hadith diminishes, or ends the cause of murder, and safeguards humanity from the aime based on greed.2736. I t w a s n a r r a t e d from 2 3 &2 Gk - Y VYlAbdullsh bin Amr that the , _,a,Messenger of All& #g$ stood up, @ $4 2 $1 J + U = : Y C <& J-on the day of the conquest ofMakkah, and said: "A woman .++s&s &G $&ZJIinherits from the blood money .+ i$,3 .e c ,., j: ,. I > # , I - .. k- - j63and wealth of her husband, and 4 -he inherits from her blood money ~ d$2 : l $3 2 3 &&&and wealth, so long as one of . * bthem did not kill the other. If one + 21 3 $ $1 $1 J ; s , , &2of t h e m k i l l e d t h e o t h e r :f$l~ 1 2 6 ck , F +I2 , s , - & @deliberately, then he or s h einherits nothing from the blood L? & & A> $3 + I; g? &money or wealth. If one of them I@ . -G Gk? & $ G , q L jkilled the other by mistake, he orshe inherits from the others G?& A+ $ ., Gki $ LG wealth, but not from the blood ., Gu 3 & . G $3 k LGmoney." (Hasan) - . . uG? &> 2; $ & LJj
  29. 29. The Chapters On Shares Of Inheritance 31 &@I +lgiChapter 9. Relations Of The ,G;~I G25 QF - ( 9 41)Womb (q a)2737. It was narrated from AbuU m h a h bin Sahl bin Hunaif thata man shot a n arrow at anotherman and killed him, and he hadno heir except a maternal uncle.Abu Ubaidah bin Jar* wrote toUmar about that, and Umarwrote back to h m saying that the iProphet @ said: "All& and HisMessenger are the guardians ofthe one who has no guardian, andthe maternal uncle is the heir ofone who has no other heir."(Hasan)2 Y + T : c C J L J I &Ip 2 + k L ?L c&$l &$I *yf [ - I :cy2I c>J~L=JI I, - 9 t : J b 41 15131 q1 - 2 dl+G ~ Y Y T : ~ dl & JAE p&>$I +d3 :dlYYV:c c(>~i~)dl+&I c 3 : I ~ T 4 . + i Y A 4 9 : ~ ~ l > AZ i ~ hl$ +JAj .j Y I + d lComments:a. The word hlawiii is used in both senses, for a freed slave and for the one who frees the slave. On the basis of this relationship, the issue has been discussed in a previous Haditk. (See Haditk no. 2732) I after the death of a f freed slave, there is no one among those who freed him, the inheritance will be deposited in the public treasury as the legacy of an heirless person.b. There are three kind of heirs: (i) Ashabul-Furudh: Their share has been fixed by the Q u r h and the Sunnah of the Prophet s. (ii) Asabah: Relatives other than the Ashabul-Furudk who are from the bloodline of the deceased like (uncle) the fatheis brother, (nephew) the brothers son, or the son of the fathers brother etc. (iii) Dhul-Arhrim: Those relatives whose relationship to the deceased is through a funale link, We the maternal uncle, the deceaseds sisters son, the grandfather (mothers father) and grandson, (son of the daughter), etc. In the absence of Asabah, these relatives are heirs.
  30. 30. The Chapters On Shaws Of Inheritance 32 &@I "I$2738. It was narrated fromMiqdgm Abu Karimah, a man f .- 46I o!, $ f 1 k Y V Y A ~,k 2-fromShZmwhowasoneoftheCompanions of the Messenger of ck :&jls%ck; . ~2 [ :g , ~ , :,P<?G ,$, -All* a, that the Messenger of > a J _s a I. ) & said: , , ~ ieaves ~$ ~ h ~ 2 3 ~ MI:x 3s$ 2 .behind wealth, it is for his heirs.Whoever reaves behind poor - 4 - f : & 2 &; #y I &f -, adependents and a debt, it is f& usto t&e care of - or he a d . It is &$ &f , - , 2 g~ $dlfor AUh and His Messenger (to 44; yGi <rhl $f > $ ; >take care of) - I am the heir ofthe one who has no heir, I wiU 32 sn .% 2; 2 j,C :j cpay blood maney on his behalf 6;; I $k % $ ,; . y 32 $G && ;and inherit from him And thematernal uncle is the heir of the y &J13 +,; j +, :j,j d; G jgone who has no heir, he pays &,I; J&h3 .$>f; % &f &I?; .ablood money on his behalf andinherits from him" (Sahih) . gc$i>q .a j+ &?I; y > . Y 7rr crG- C W l :&&-Comments.a AnIslamic state is responsible fororphans, poor, needy and indolent persons.b. In case o !dhg by mstake, the blood money is paid by the Asabah, but if f there are no Asabah (or they are not resident of an Islamic state) then the responsIbiIity is shifted to the state.c. In the absence of the Asabah, Dhul-Arhiim are the heirs and they too are responsible for the payment o blood money (See Hadtth no 2634) fChapter 10. Inheritance From 1 I - ( . +I)The Male Relatives From (. 4 1 )Fathers Side2739. It was narrated that Ali $G k . && 2 & E?% - YvYfb i n A b u Tglib s a i d . "The , ~ ~2 . A , ~ ~ ~Messenger of A E h g ruled that 3 3 J"3 -,the sons from the same motherinherit from one another, but not <f 42 3 4 &qsons from different A 3 @$ $1 2 ; $ . J t 46 4man mhetits from his f l brother ul +%I * d$ , ~ : ,,r912 ,: * d ~ 3 ~ lfrom the same father and motha,but not his brothers from his .%fi, -.3 , $3 b$ % , , cicf $91father." (&%if) . YV 0 . ? . G [I * : c &

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