Text: Sunan Abi Dawud, book 18- The Book of Inheritance (Kitab Al-Fara'id) ( كتاب الفرائض )
Hadith No: 2885
Narrated Abdullah ibn Amr ibn al-'As:
The Prophet (ﷺ) said: Knowledge has three categories; anything else is extra; a precise verse, or an established sunnah (practice), or a firm obligatory duty.
- Reference : 2885
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Hadith No: 2886
- Reference : 2886
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Hadith No: 2887
Narrated Jabir ibn Abdullah:
I fell ill, and I had seven sisters. The Messenger of Allah (ﷺ) came to me and blew on my face. So I became conscious. I said: Messenger of Allah, may I not bequeath one-third of my property to my sisters? He replied: Do good. I asked: Half? He replied: Do good. He then went out and left me, and said: I do not think, Jabir, you will die of this disease. Allah has revealed (verses) and described the share of your sisters. He appointed two-thirds for them. Jabir used to say: This verse was revealed about me: "They ask thee for a legal decision. Say: Allah directs (thus) about those who leave no descendants or ascendants as heirs.
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Hadith No: 2888
- Reference : 2888
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Hadith No: 2889
Narrated Al-Bara' ibn Azib:
A man came to the Prophet (ﷺ) and said: Messenger of Allah, they ask thee for a legal decision about a kalalah. What is meant by kalalah? He replied: The verse revealed in summer is sufficient for you.
I asked AbuIshaq: Does it mean a person who dies and leaves neither children nor father? He said: This is so. The people think it is so.
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Hadith No: 2890
- Reference : 2890
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Hadith No: 2891
Narrated Jabir ibn Abdullah:
We went out with the Messenger of Allah (ﷺ) and came to a woman of the Ansar in al-Aswaf. The woman brought her two daughters, and said: Messenger of Allah, these are the daughters of Thabit ibn Qays who was killed as a martyr when he was with you at the battle of Uhud, their paternal uncle has taken all their property and inheritance, and he has not left anything for them. What do you think, Messenger of Allah? They cannot be married unless they have some property. The Messenger of Allah (ﷺ) said: Allah will decide regarding the matter. Then the verse of Surat an-Nisa was revealed: "Allah (thus) directs you as regards your children's (inheritance)." Messenger of Allah (ﷺ) said: Call to me the woman and her husband's brother. He then said to their paternal uncle: Give them two-thirds and their mother an eighth, and what remains is yours.
Abu Dawud said: The narrator Bishr made a mistake. They were the daughters of Sa'd b. al-Rabi' for Thabit b. Qais was killed in the battle of Yamamah.
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Hadith No: 2892
The wife of Sa'd b. al-Rabi said: Messenger of Allah, Sa'd died and left two daughters. He then narrated the rest of the tradition in a similar way.
Abu Dawud said: This is the most correct tradition.
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Hadith No: 2893
- Reference : 2893
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Hadith No: 2894
Narrated Qabisah ibn Dhuwayb:
A grandmother came to AbuBakr asking him for her share of inheritance. He said: There is nothing prescribed for you in Allah's Book, nor do I know anything for you in the Sunnah of the Prophet of Allah (ﷺ) Go home till I question the people. He then questioned the people, and al-Mughirah ibn Shu'bah said: I had been present with the Messenger of Allah (ﷺ) when he gave grandmother a sixth. AbuBakr said: Is there anyone with you? Muhammad ibn Maslamah stood and said the same as al-Mughirah ibn Shu'bah had said. So AbuBakr made it apply to her. Another grandmother came to Umar ibn al-Khattab asking him for her share of inheritance. He said: Nothing has been prescribed for you in Allah's Book. The decision made before you was made for a grandmother other than you. I am not going to add in the shares of inheritance; but it is that sixth. If there are two of you, it is shared between you, but whichever of you is the only one left gets it all.
- Reference : 2894
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Hadith No: 2895
Narrated Buraydah:
The Prophet (ﷺ) appointed a sixth to a grandmother if no mother is left to inherit before her.
- Reference : 2895
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Hadith No: 2896
Narrated Imran ibn Husayn:
A man came to the Prophet (ﷺ) and said: My son has died; what do I receive from his estate? He replied: You receive a sixth. When he turned away he called him and said: You receive another sixth. When he turned away, he called him and said: The other sixth is an allowance (beyond what is due).
Qatadah said: They (the Companions) did not know the heirs with whom he was given (a sixth). Qatadah said: The minimum share given to the grandfather was a sixth.
- Reference : 2896
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Hadith No: 2897
Al-Hasan reported that Umar asked:
Which of your knows what share the Messenger of Allah (ﷺ) had given to the grandfather from the estate? Ma'qil ibn Yasar said: The Messenger of Allah (ﷺ) gave him a sixth. He asked: Along with whom? He replied: I do not know. He said: You do not know; what is the use then?- Reference : 2897
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Hadith No: 2898
Narrated Abdullah ibn Abbas:
The Prophet (ﷺ) said: Divide the property among those whose share have been prescribed in the Book of Allah, and what remains from the prescribed shares goes to the nearest male heirs.
- Reference : 2898
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Hadith No: 2899
Narrated Al-Miqdam al-Kindi:
The Prophet (ﷺ) said: If anyone leaves a debt or a helpless family I shall be responsible-and sometimes the narrator said: Allah and His Apostle will be responsible-but if anyone leaves property, it goes to his heirs. I am the heirs of him who has none, paying blood-wit for him and inheriting from him; and a maternal uncle is the heir of him who has none, paying blood-wit for him and inheriting from him.
- Reference : 2899
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Hadith No: 2900
Narrated Al-Miqdam al-Kindi:
The Prophet (ﷺ) said: I am nearer to every believer than himself, so if anyone leaves a debt or a helpless family, I shall be responsible, but if anyone leaves property, it goes to his heirs. I am patron of him who has none, inheriting his property and freeing him from his liabilities. A maternal uncle is patron of him who has none, inheriting his property and freeing him from his liabilities.
Abu Dawud said: da'iah means dependants or helpless family.
Abu Dawud said: This tradition has been transmitted by al-Zubaidi from Rashid b. Sa'd from Ibn 'A'idh on the authority of al-Miqdam. It has also been transmitted by Mu'awiyah b. Salih from Rashid who said: I heard al-Miqdam (say).
- Reference : 2900
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Hadith No: 2901
Narrated Al-Miqdam:
I heard the Messenger of Allah (ﷺ) say: I am the heirs of Him who has none, freeing him from his liabilities, and inheriting what he possesses. A maternal uncle is the heir of Him who has none, freeing him from his liabilities, and inheriting his property.
- Reference : 2901
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Hadith No: 2902
Narrated Aisha, Ummul Mu'minin:
A client of the Prophet (ﷺ) died and left some property, but he left no child or relative. The Messenger of Allah (ﷺ) said: Give what he has left to a man belonging to his village.
Abu Dawud said: The tradition of Sufyan is more perfect. Musaddad said: Thereupon the Prophet (ﷺ) said: Is there anyone belonging to his land ? They replied: Yes. He said: Then give him what he has left.
- Reference : 2902
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Hadith No: 2903
Narrated Buraydah ibn al-Hasib:
A man came to the Messenger of Allah (ﷺ) and said: I have property left by a man of Azd. I do not find any man of Azd to give it to him. He said: Go and look for man of Azd for a year. He then came to him after one year and said: Messenger of Allah, I did not find any man of Azd to give it to him. He said: Look for a man of Khuza'ah whom you meet first and give it to him. When he turned away, he said; Call the man to me. When he came to him, he said: Look for the leading man of Khuza'ah and give it to him.
- Reference : 2903
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Hadith No: 2904
Narrated Buraydah ibn al-Hasib:
A man of Khuza'ah died and his estate was brought to the Prophet (ﷺ). He said: Look for his heir or some relative. But they found neither heir nor relative. The Messenger of Allah (ﷺ) said: Give it to the leading man of Khuza'ah. The narrator Yahya said: Sometimes I heard him (al-Husayn ibn Aswad) say in this tradition: Look for the greatest man of Khuza'ah.
- Reference : 2904
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Hadith No: 2905
Narrated Abdullah ibn Abbas:
A man died leaving no heir but a slave whom he had emancipated. The Messenger of Allah (ﷺ) asked: Has he any heir? They replied: No, except a slave whom he had emancipated. The Messenger of Allah (ﷺ) assigned his estate to him (the emancipated slave).
- Reference : 2905
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Hadith No: 2906
Narrated Wathilah ibn al-Asqa':
The Prophet (ﷺ) said: A woman gets inheritance from the three following: one she has set free, a foundling, and her child about whom she has invoked a curse on herself if she was untrue in declaring he was not born out of wedlock.
- Reference : 2906
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Hadith No: 2907
Narrated Makhul:
The Messenger of Allah (ﷺ) assigned the estate of a child of a woman about whom she had invoked a curse to her mother, and to her heirs after her.
- Reference : 2907
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Hadith No: 2908
- Reference : 2908
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Hadith No: 2909
- Reference : 2909
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Hadith No: 2910
Al-Zuhri said: Khalf means valley.
- Reference : 2910
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Hadith No: 2911
Narrated Abdullah ibn Amr ibn al-'As:
The Prophet (ﷺ) said: people of two different religions would not inherit from one another.
- Reference : 2911
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Hadith No: 2912
Narrated Mu'adh ibn Jabal:
I heard the Messenger of Allah (ﷺ) say: Islam increases and does not diminish. He, therefore, appointed a Muslim heir (of a non-Muslim).
- Reference : 2912
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Hadith No: 2913
- Reference : 2913
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Hadith No: 2914
Narrated Abdullah ibn Abbas:
The Prophet (ﷺ) said: An estate which was divided in pre-Islamic period may follow the division in force then, but any estate in Islamic times must follow the division laid down by Islam.
- Reference : 2914
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Hadith No: 2915
- Reference : 2915
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Hadith No: 2916
- Reference : 2916
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Hadith No: 2917
Narrated 'Amr b. Suh'aib:
On his father's authority, said that his grandfather reported: Rabab ibn Hudhayfah married a woman and three sons were born to him from her. Their mother then died. They inherited her houses and had the right of inheritance of her freed slaves.
Amr ibn al-'As was the agnate of her sons. He sent them to Syria where they died. Amr ibn al-'As then came. A freed slave of hers died and left some property. Her brothers disputed with him and brought the case to Umar ibn al-Khattab.
Umar reported the Messenger of Allah (ﷺ) as saying: Whatever property a son or a father receives as an heir will go to his agnates, whoever they may be. He then wrote a document for him, witnessed by AbdurRahman ibn Awf, Zayd ibn Thabit and one other person. When AbdulMalik became caliph, they presented the case to Hisham ibn Isma'il or Isma'il ibn Hisham (the narrator is doubtful).
He sent them to 'Abd al-Malik who said: This is the decision which I have already seen.
The narrator said: So he ('Abd al-Malik) made the decision on the basis of the document of Umar ibn al-Khattab, and that is still with us till this moment.
- Reference : 2917
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Hadith No: 2918
Narrated Tamim ad-Dari:
Tamim asked: Messenger of Allah), what is the sunnah about a man who accepts Islam by advice and persuasion of a Muslim? He replied: He is the nearest to him in life and in death.
- Reference : 2918
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Hadith No: 2919
- Reference : 2919
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Hadith No: 2920
Narrated AbuHurayrah:
The Prophet (ﷺ) said: When an infant has raised its voice (and then dies), it will be treated as an heir.
- Reference : 2920
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Hadith No: 2921
- Reference : 2921
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Hadith No: 2922
- Reference : 2922
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Hadith No: 2923
I used to learn the reading of the Qur'an from Umm Sa'd, daughter of al-Rabi'. She was an orphan in the guardianship of Abu Bakr. I read the Qur'anic verse "To those also to whom your right hand was pledged." She said: Do not read the verse; "To those also to whom your right hand was pledged." This was revealed about Abu Bakr and his son 'Abd al-Rahman when he refused to accept Islam. Abu Bakr took an oath that he would not give him a share from inheritance. When he embraced Islam Allah Most High commanded His Prophet (ﷺ) to give him the share.
The narrator 'Abd al-Aziz added: He did not accept Islam until he was urged on Islam by sword.
Abu Dawud said: He who narrated the word 'aqadat means a pact ; and he who narrated the word 'aaqadat means the party who made a pact. The correct is the tradition of Talhah ('aaqadat).
- Reference : 2923
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Hadith No: 2924
- Reference : 2924
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Hadith No: 2925
- Reference : 2925
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Hadith No: 2926
- Reference : 2926
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Hadith No: 2927
Narrated Umar ibn al-Khattab:
Sa'id said: Umar ibn al-Khattab said: Blood-money is meant for the clan of the slain, and she will not inherit from the blood-money of her husband. Ad-Dahhak ibn Sufyan said: The Messenger of Allah (ﷺ) wrote to me that I should give a share to the wife of Ashyam ad-Dubabi from the blood-money of her husband. So Umar withdrew his opinion.
Ahmad ibn Salih said: AbdurRazzaq transmitted this tradition to us from Ma'mar, from az-Zuhri on the authority of Sa'id. In this version he said: The Prophet (ﷺ) made him governor over the bedouins.
- Reference : 2927
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