Chapter 20- Inheritance

973. Ibn 'Abbas narrated that the Messenger of Allah said, "Give the shares ordained (by Allah) to their rightful heirs. Whatever is left after that goes to the nearest male heir (to the deceased)," Agreed upon.






974, Usamah bin Zaid narrated that the Messenger of Allah said, "A Muslim is not to inherit a disbeliever and a disbeliever is not to inherit a Muslim." Agreed upon.







975. Ibn Masud narrated concerning the inheritance of a daughter, a son's daughter (granddaughter) and a sister, surving the deceased. The Prophet ordained that the daughter's share is one half, the son's daughter is one-sixth and whatever remains is the sister's." Related by Al-Bukhari,







976. 'Abdullah Ibn 'Umar narrated that the Messenger of Allah said,"The followers of two different religions may not inherit. from each other." Related by Ahmad, the four Imams and At-Tirmidhi.






977. 'Imran bin Husain narrated, 'A man came to the Prophet and said, 'My son's son has died. What is my share from his inheritance?' The Messenger of Allah said, "You get one sixth." When the man turned away, the Messenger of Allah called him and said, "You are entitled to another sixth." (293) When the man turned away, the Messenger of Allah called him and said, "The other sixth is an extra allowance (to what is ordained for you}." Related by Ahmad and the four Imams. At-Tirmidhi graded it Sahih.

293. The deceased in this case left two daughters and his father surviving him. The two daughters are entitled to 2/3 of the estate. The remaining third will be given to the grandfather, but his prescribed share is only one sixth and the other sixth will be given back to him as there are no other heirs. In this case the grandfather is considered to be Asabah which refers to the relatives of the deceased on his father's side. They are entitled to take the rest of the estate after the fixed (prescribed) shares are distributed, which applies to this case. The Messenger of Allah wanted to teach the man that his prescribed share is only one sixth and not one third. That is why he gave him one sixth when he asked about his inheritance, and then called him again and told him t.hat this other sixth is an extra mount to his share as it is given back to him for being Asabah in the absence of any other heirs.






978. Ibn Buraidah narrated on the authority of his father (RAA) that the Messenger of Allah appointed a sixth to the grandmother if no mother was left to inherit with her."Related by Abu Dawud and An-Nasa'i. Ibn Khuzaimah and Ibn al-Garud graded it as Sahih.







979. Al-Miqdarn bin Madiakrib narrated that the Messenger of Allah said, "The maternal uncle is the inheritor of those who have no (standard) heirs.''(294) Related by Ahmad and the four Imams except for At-Tirmidhi, Abu Zarah ar-Razi graded it as Hasan., but al-Hakim and Ibn Hibban graded it as Sahih.

294. In this case the deceased has no Asabah"(relatives on his father's side) and no other heirs who are entitled to obligatory shares.








980. Abu Umamah bin Sahl narrated, "Umar wrote to Abu 'Ubaidah that the Messenger of Allah said, "Allah and His Messenger are the guardians of the one who does not have a guardian; and a maternal uncle inherits from the one who does not have any (standard) heirs." Related by Ahmad and the four Imams except for Abu Dawud. At-Tirrnidhi graded it as Hasan and Ibn Hibban graded it as Sahih.







981. Jabir narrated that the Messenger of Allah said, "As soon as the infant cries (295) (at the moment of birth) it is entitled to inherit." Related by Abu Dawud. Ibn Hibban graded it as Sahih.

295. When the heir of someone who died is expecting a child, the estate is not to be divided until the child is born.







982. "Amro bin Shuaib narrated on the authority of his father on the authority of his grandfather that the Messenger of Allah said, "A killer does not receive (a share of the) inheritance (of the one he killed}." Related ibn An-Nasa'i and Ad-Daraqutni.







983. 'Umar bin al-Khattab narrated, 'I heard the Messenger of Allah say, "Whatever rights gained by the father or child (meaning al-Wala (296)) are to be transferred to his 'Asabah: (relatives on his father's side) regardless of their degree of kinship (297) (meaning that loyalty is not inherited and does not follow the rules of inheritance)."Related by Abu Dawud, An-Nasa'i and Ibn Majah. Ibn al-Madini and Ibn 'Abdul Barr graded it as Sahih.

296. Wala' refers to the right of inheriting the property of a manumitted slave after his death. The one who has the right to inherit him is the one who manumitted him. In Jahliyah before Islam, they used to sell this Wala' or give it as a gift but Islam prohibited this.

297. Most scholars are of the opinion that Wala is not part of the inheritance of the deceased. For example if a man manumitted a slave, and he has two sons, and one of his sons had a child and then died. If the manumitter dies, the Wala' the manumitted slave (his inheritance) goes to his son alone and is not to be shared between the son and the grandson as would be in the case of inheritance. This means that Wala is the right of the closest Asabah of the deceased and not to be distributed as part of his inheritance,






984. 'Abdullah Ibn 'Umar narrated that the Messenger of Allah said, "The Wala (of a manumitted slave) is considered as one's lineage, not to be sold or donated (298) (refer to hadith no. 816)." Related by al-Hakim through Ash-Shafi on the authority of Muhammad bin Al-Hasan, on the authority of Abi Yusuf. Ibn Hibban graded it as Sahih








985. Abu Qalabah narrated on the authority of Anas that the Messenger of Allah said, "The one who is most knowledgeable of the laws of inheritance is Zaid bin Thabit," Related by Ahmad and the four Imams except Abu Dawud. At- Tirmidhi, Ibn Hibban and al-Hakim graded it as Sahih.