Book 85: Inheritance
Sahih al-Bukhari
Sahih al-Bukhari 6723
Qutaibah bin Sa'id narrated to us that Sufyan (bin Uyainah) told us. He narrated from Muhammad bin Munkadir. He said: I heard Hazrat Jabir bin Abdullah (ra). He used to say: I fell ill, and the Messenger of Allah (saw) and Hazrat Abu Bakr (ra) came to visit me, and both of them came on foot. When they reached me I was unconscious. The Messenger of Allah (saw) performed the ablution (Wudu) and poured the water of the ablution on me, and I regained consciousness. I said: “O Messenger of Allah (saw), what shall I do with my property? How shall I decide about my property?” He (saw) gave me no answer until the verse of inheritance was revealed.
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Sahih al-Bukhari 6724
Musa bin Isma'il narrated to us that Wuhaib told us. Ibn Tawus narrated to us. Ibn Tawus narrated from his father, his father from Hazrat Abu Hurairah (ra). He said: The Messenger of Allah (saw) said: “Beware, keep yourselves from suspicion, for suspicion is the most false of talk. Do not pry and do not spy, do not bear hatred towards one another, and do not turn your backs on one another, and be servants of Allah, as brothers.”
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Sahih al-Bukhari 6725
Abdullah bin Muhammad narrated to us that Hisham (bin Yusuf Yamani) told us. Ma'mar informed us. Ma'mar narrated from Zuhri, Zuhri from Urwah, Urwah from Hazrat Aishah (ra), that Hazrat Fatimah (ra) and Hazrat Abbas (ra) came to Hazrat Abu Bakr (ra) to ask for their inheritance which was due to them from the Messenger of Allah (saw), and at that time they were asking for their lands at Fadak and their share from Khaibar.
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Sahih al-Bukhari 6726
Hazrat Abu Bakr (ra) answered them: I heard the Messenger of Allah (saw). He (saw) used to say: “No one will inherit from us. What we leave behind will be charity (Sadaqah). The family of Muhammad (saw) have only been eating and drinking from this property.” Hazrat Abu Bakr (ra) said: “By Allah, I shall not abandon the practice which I saw the Messenger of Allah (saw) follow. I shall do what he (saw) did.” (Urwah) used to say: Thereupon Hazrat Fatimah (ra) left Hazrat Abu Bakr (ra) and did not speak to him (on this matter) until she died.
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Sahih al-Bukhari 6727
Isma'il bin Aban narrated to us that Ibn Mubarak told us. He narrated from Yunus, Yunus from Zuhri, Zuhri from Urwah, Urwah from Hazrat Aishah (ra), that the Prophet (saw) said: “No one will be our heir. What we leave behind is charity (Sadaqah).”
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Sahih al-Bukhari 6728
Yahya bin Bukair narrated to us that Laith (bin Sa'd) told us. Laith narrated from Uqail, Uqail from Ibn Shihab. He said: Malik bin Aus bin Hadathan told me, and Muhammad bin Jubair bin Mut'im had also mentioned to me a part of this hadith of his. (Hearing this) I set off, reached him and asked him, and he said: I set off to go to Hazrat Umar (ra). When I arrived there, his doorkeeper Yarfa came to him and said: “Do you wish to see Hazrat Uthman (ra), Hazrat Abdur Rahman (ra), Hazrat Zubair (ra) and Hazrat Sa'd (ra)?” He said: “Yes,” and he gave them permission. Then Yarfa said: “Do you wish to see Hazrat Ali (ra) and Hazrat Abbas (ra)?” He said: “Yes.” Hazrat Abbas (ra) said: “Commander of the Faithful, judge between me and him.” Hazrat Umar (ra) said: “I adjure you by Allah, by Whose command these heavens and the earth stand: do you know that the Messenger of Allah (saw) said: ‘No one will inherit from us; what we leave behind will be charity (Sadaqah)’? By this the Messenger of Allah (saw) meant himself.” That group said: “Indeed, he (saw) said so.” Then Hazrat Umar (ra) turned to Hazrat Ali (ra) and Hazrat Abbas (ra) and said: “Do you know that the Messenger of Allah (saw) said so?” They said: “Indeed, he (saw) said so.” Hazrat Umar (ra) said: “Then I shall explain this matter to you. Allah reserved for His Messenger (saw) a certain portion of the fai (property gained without fighting) which He did not give to anyone else besides him (saw). Thus Allah, the Mighty and Glorious, says: ‘And whatever Allah has given to His Messenger as spoils from them, ...’ (Qur’an 59:7). So these properties were exclusively for the Messenger of Allah (saw). By Allah, he (saw) did not keep them for anyone but you, nor did he (saw) give anyone preference over you in spending them; he (saw) gave them to you and distributed them among you, until this property remained of them. The Prophet (saw) used to give his family a year's expenses from this property; then whatever remained he (saw) would take and spend it on those purposes on which Allah's property is spent. The Messenger of Allah (saw) acted upon this all his life. I adjure you by Allah: do you know this?” Those people said: “Yes, it was so.” Then Hazrat Umar (ra) said to Hazrat Ali (ra) and Hazrat Abbas (ra): “I adjure you both by Allah: do you know this?” They said: “Yes.” “Then Allah caused His Prophet (saw) to die, and Hazrat Abu Bakr (ra) said: ‘I am the successor of the Messenger of Allah (saw),’ and he took these properties into his possession and continued to manage them as the Messenger of Allah (saw) had managed these properties. Then Allah caused Hazrat Abu Bakr (ra) to die, and I said: ‘I am the successor of the Messenger of Allah (saw),’ and I kept these properties in my possession for two years and managed them as the Messenger of Allah (saw) and Hazrat Abu Bakr (ra) had done. Then you both came to me, and your word was one and your opinion was united. You came to me and began asking me for your share of your nephew's property, and this one too came to me asking me for his wife's share, which was due to her from her father. I said: ‘If you both wish, I shall hand these properties over to you on that very condition.’ Do you then want any decision from me other than this? By Him by Whose command these heavens and the earth stand, I shall not make any decision about these properties other than this, even if the Hour itself should come. If you two are unable (to manage them), then hand them over to me, and I shall manage them in your place.”
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Sahih al-Bukhari 6729
Isma'il (bin Abi Uwais) narrated to us. He said: Malik told me. He narrated from Abuz Zinad, Abuz Zinad from A'raj, A'raj from Hazrat Abu Hurairah (ra), that the Messenger of Allah (saw) said: “My heirs will not divide even a single dinar. Whatever I leave after the expenses of my wives and the expenses of my workers will be charity (Sadaqah).”
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Sahih al-Bukhari 6730
Abdullah bin Maslamah narrated to us. He narrated from Malik, Malik from Ibn Shihab, Ibn Shihab from Urwah, Urwah from Hazrat Aishah (ra), that when the Messenger of Allah (saw) passed away, the wives of the Prophet (saw) wanted to send Hazrat Uthman (ra) to Hazrat Abu Bakr (ra) to ask him for their inheritance. Hazrat Aishah (ra) said: “Did not the Messenger of Allah (saw) say: ‘No one will be our heir; what we leave behind will be charity (Sadaqah)’?”
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Sahih al-Bukhari 6731
Abdan narrated to us that Abdullah (bin Mubarak) told us. Yunus informed us. Yunus narrated from Ibn Shihab that Abu Salamah told me. Abu Salamah narrated from Hazrat Abu Hurairah (ra), Hazrat Abu Hurairah (ra) from the Prophet (saw). He (saw) said: “I am closer to the believers than their own selves. Therefore whoever (of the believers) dies owing a debt and leaves no property to pay it, it is our responsibility to settle that debt; and whoever leaves property, it will belong to his heirs.”
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Sahih al-Bukhari 6732
Musa bin Isma'il narrated to us that Wuhaib told us. Ibn Tawus narrated to us. Ibn Tawus narrated from his father, his father from Hazrat Ibn Abbas (ra), Hazrat Ibn Abbas (ra) from the Prophet (saw). He (saw) said: “Give those entitled to shares their fixed shares. Then whatever remains is to be given to the nearest male relative.”
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Sahih al-Bukhari 6733
Humaidi narrated to us that Sufyan (bin Uyainah) told us. Zuhri narrated to us. He said: Amir bin Sa'd bin Abi Waqqas informed me. Amir narrated from his father that he said: I fell so ill in Mecca that I came close to dying of that illness, and the Prophet (saw) came to visit me. I said: “O Messenger of Allah (saw), I have much property, and I have no heir except my daughter. Shall I then give two thirds of my property in charity (Sadaqah)?” He (saw) said: “No.” He used to say: I said: “Then half?” He (saw) said: “No.” I said: “One third?” He (saw) said: “Even one third is a lot. Listen, if you leave your children well off, it is better than that you should leave them needy, going about stretching out their hands before people. And whatever you spend, you will certainly be rewarded for it, even for the morsel which you lift and put into your wife's mouth.” I said: “O Messenger of Allah (saw), am I to be left behind in spite of my migration (Hijrah)?” He (saw) said: “You will not be left behind after me. (Even if you are left behind,) whatever deed you do by which you seek the pleasure of Allah, you will certainly go on rising in eminence and rank. Perhaps you will be left after me so that some people may benefit from you and others may be harmed through you. But Sa'd bin Khaulah (ra)!” The Messenger of Allah (saw) used to feel sorry for him that he died in Mecca. Sufyan (bin Uyainah) used to say that Hazrat Sa'd bin Khaulah (ra) was a man of the Banu Amir bin Lu'ayy.
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Sahih al-Bukhari 6734
Mahmud bin Ghailan narrated to us that Abun Nadr told us. Abu Mu'awiyah Shaiban narrated to us. Abu Mu'awiyah narrated from Ash'ath, Ash'ath from Aswad bin Yazid. He said: Hazrat Mu'adh bin Jabal (ra) came to us in Yemen as a teacher and governor, and we asked him about a man who had died and left his daughter and his sister. He (Hazrat Mu'adh bin Jabal (ra)) gave half to the daughter and half to the sister.
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Sahih al-Bukhari 6735
Muslim bin Ibrahim narrated to us that Wuhaib told us. Ibn Tawus narrated to us. Ibn Tawus narrated from his father, his father from Hazrat Ibn Abbas (ra). He said: The Messenger of Allah (saw) said: “Give those entitled to shares their fixed shares; whatever remains is to be given to the man who is the closest relative.”
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Sahih al-Bukhari 6736
Adam (bin Abi Iyas) narrated to us that Shu'bah told us. Abu Qais (Abdur Rahman bin Tharwan) narrated to us: I heard Huzail bin Shurahbil. He said: Hazrat Abu Musa (ra) was asked (the question of inheritance) concerning a daughter, a son's daughter and a sister. He said: “The daughter will get half and the sister half. And go to Hazrat Ibn Mas'ud (ra); he too will tell you the same as I.” So Hazrat Ibn Mas'ud (ra) was asked, and he was told of Hazrat Abu Musa's (ra) ruling (fatwa). He said: “If I were to give such a ruling, I would certainly go astray and never be of those who follow the right path. I shall give the same judgement in this as the Prophet (saw) gave: the daughter is to be given half and the son's daughter a sixth, so that the two thirds are completed, and the rest is to be given to the sister.” Hearing this, we came to Hazrat Abu Musa (Ash'ari (ra)) and told him what Hazrat Ibn Mas'ud (ra) had said. He said: “Do not ask me questions as long as this great scholar is among you.”
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Sahih al-Bukhari 6737
Sulaiman bin Harb narrated to us that Wuhaib (bin Khalid) told us. He narrated from Ibn Tawus, Ibn Tawus from his father, his father from Hazrat Ibn Abbas (ra), Hazrat Ibn Abbas (ra) from the Prophet (saw). He (saw) said: “Give those entitled to shares their shares, and whatever remains, give it to the man who is closest.”
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Sahih al-Bukhari 6738
Abu Ma'mar narrated to us that Abdul Warith told us. Ayyub narrated to us. Ayyub narrated from Ikrimah, Ikrimah from Hazrat Ibn Abbas (ra). He said that the man about whom the Messenger of Allah (saw) had said: “If I were to take anyone of this Ummah as my bosom friend (Khalil), I would take him, but the friendship of Islam is the most excellent,” or he (saw) said: “is better,” he declared the grandfather to be in the position of the father, or he said: he decided that the grandfather takes the place of the father.
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Sahih al-Bukhari 6739
Muhammad bin Yusuf (Firyabi) narrated to us. He narrated from Warqa (Yashkuri), Warqa from Ibn Abi Najih, Ibn Abi Najih from Ata, Ata from Hazrat Ibn Abbas (ra). He said: The property used to belong to the children only, and the parents would receive according to a will. Then Allah abrogated of this custom what He pleased, and He made the share of the male equal to the share of two females, and fixed a sixth for each of the parents, and appointed for the wife an eighth or a quarter, and for the husband a half or a quarter.
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Sahih al-Bukhari 6740
Qutaibah narrated to us that Laith told us. He narrated from Ibn Shihab, Ibn Shihab from Ibn Musayyab, Ibn Musayyab from Hazrat Abu Hurairah (ra), that he said: The Messenger of Allah (saw) decided, concerning the foetus of a woman of the Banu Lihyan which had been born dead, that a slave be freed, whether male or female. Then the woman who had been ordered to free the slave died, and the Messenger of Allah (saw) ordered that her inheritance be given to her sons and her husband, and that the payment of the blood money would be the responsibility of the people of her clan.
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Sahih al-Bukhari 6741
Bishr bin Khalid narrated to us that Muhammad bin Ja'far told us. He narrated from Shu'bah, Shu'bah from Sulaiman (A'mash), Sulaiman from Ibrahim (Nakha'i), Ibrahim from Aswad (bin Yazid). He said: In the time of the Messenger of Allah (saw), Hazrat Mu'adh bin Jabal (ra) decided among us concerning an estate that half be given to the daughter and half to the sister. Later Sulaiman said that Hazrat Mu'adh (ra) decided this concerning our estate, and he did not mention the time of the Messenger of Allah (saw).
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Sahih al-Bukhari 6742
Amr bin Abbas narrated to us that Abdur Rahman (bin Mahdi) told us. Sufyan (Thauri) narrated to us. Sufyan narrated from Abu Qais (Abdur Rahman bin Tharwan), Abu Qais from Huzail (bin Shurahbil). He said: Hazrat Abdullah (bin Mas'ud (ra)) said: “I shall decide concerning this estate only in accordance with the decision of the Prophet (saw).” Or he said that the Prophet (saw) said: “The daughter is to get half and the son's daughter a sixth, and whatever remains is to be given to the sister.”
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