Inheritance from the male relatives from the father’s side
It was
narrated that ‘Ali bin Abu Talib said: “The Messenger of Allah
(ﷺ) ruled that the sons from the same mother inherit from one
another, but not sons from different mothers. A man inherits from his
full brother from the same father and mother, but not his brothers
from his father.”
Inheritance from the male relatives from the father’s side
It was
narrated that Ibn ‘Abbas said: “The Messenger of Allah (ﷺ)
said: ‘Distribute wealth among those who are entitled to shares of
inheritance, according to the Book of Allah, then whatever is left
over goes to the nearest male relative.’”
It was
narrated that Ibn ‘Abbas said: “A man died at the time of the
Messenger of Allah (ﷺ), and he left no heir except for a slave whom
he had set free. The Messenger of Allah (ﷺ) gave the legacy to
him.”
حَدَّثَنَا إِسْمَاعِيلُ بْنُ مُوسَى حَدَّثَنَا سُفْيَانُ بْنُ عُيَيْنَةَ عَنْ عَمْرِو بْنِ دِينَارٍ عَنْ عَوْسَجَةَ عَنِ ابْنِ عَبَّاسٍ قَالَ مَاتَ رَجُلٌ عَلَى عَهْدِ رَسُولِ اللَّهِ صلى الله عليه وسلم وَلَمْ يَدَعْ لَهُ وَارِثًا إِلاَّ عَبْدًا هُوَ أَعْتَقَهُ فَدَفَعَ النَّبِيُّ صلى الله عليه وسلم مِيرَاثَهُ إِلَيْهِ
Hadith 2742
Da’if — Darussalam
A woman may get three types of inheritance
It was
narrated from Wathilah bin Asqa’ that the Prophet (ﷺ) said:
“A
woman may get three types of inheritance: From her freed slave
woman,
a foundling whom she raised, and her child concerning whom she
swore
in Li’an that he was legitimate.”
It was
narrated that Abu Hurairah said: “Then the Verse of Li’an was
revealed, the Messenger of Allah (ﷺ) said: ‘Any woman who
attributed
her child to people to whom he does not belong, then she
has no
relation to (the religion of) Allah, and she will never enter
Paradise, and any man who rejects his child, while he recognizes him,
Allah will screen Himself from him on the Day of Resurrection and
disgrace him before the witnesses.’”
It was
narrated from ‘Amr bin Shu’aib, from his father, from his
grandfather, that the Prophet (ﷺ) said: “It is disbelief for a
man
to attribute himself to someone other than his father knowingly,
or to
deny his connection to his father, even subtly.”*
It was
narrated from ‘Amr bin Shu’aib, from his father, from his
grandfather that the Messenger of Allah (ﷺ) said: “Whoever
commits
adultery with a slave woman or a free woman, his child is
illegitimate, and he cannot inherit from him or be inherited from
(i.e., this child cannot inherit from him).”
حَدَّثَنَا أَبُو كُرَيْبٍ حَدَّثَنَا يَحْيَى بْنُ الْيَمَانِ عَنِ الْمُثَنَّى بْنِ الصَّبَّاحِ عَنْ عَمْرِو بْنِ شُعَيْبٍ عَنْ أَبِيهِ عَنْ جَدِّهِ قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم مَنْ عَاهَرَ أَمَةً أَوْ حُرَّةً فَوَلَدُهُ وَلَدُ زِنًا لاَ يَرِثُ وَلاَ يُورَثُ
Hadith 2746
Hasan — Darussalam
Claiming a child
It was
narrated from ‘Amr bin Shu’aib, from his father, from his
grandfather, that the Messenger of Allah (ﷺ) said: “Every child
who
is attributed to his father after his father to whom he is
attributed
has died, and his heirs attributed him to him after he
died, he ruled
that* whoever was born to a slave woman whom he owned
at the time when
he had intercourse with her, he should be named
after the one to whom
he was attributed, but he has no share of any
inheritance that was
distributed previously. Whatever inheritance he
finds has not yet been
distributed, he will have a share of it. But
he cannot be named after
his father if the man whom he claimed as his
father did not
acknowledge him. If he as born to a slave woman whom
his father did
not own, or to a free woman with whom he committed
adultery, then he
cannot be named after him and he does not inherit
from him, even if
the one whom he claims as his father acknowledges
him. So he is an
illegitimate child who belongs to his mother’s
people, whoever they
are, whether she is a free woman or a slave.”
It was
narrated that Ibn ‘Umar said: “The Messenger of Allah (ﷺ)
forbade selling the right of inheritance or giving it away.”
حَدَّثَنَا عَلِيُّ بْنُ مُحَمَّدٍ حَدَّثَنَا وَكِيعٌ حَدَّثَنَا شُعْبَةُ وَسُفْيَانُ عَنْ عَبْدِ اللَّهِ بْنِ دِينَارٍ عَنِ ابْنِ عُمَرَ قَالَ نَهَى رَسُولُ اللَّهِ صلى الله عليه وسلم عَنْ بَيْعِ الْوَلاَءِ وَعَنْ هِبَتِهِ
Hadith 2748
Sahih — Darussalam
Prohibition of selling the right of inheritance
It was
narrated that Ibn ‘Umar said: The Messenger of Allah (ﷺ)
forbade
selling the right of inheritance, or giving it as a gift.
حَدَّثَنَا مُحَمَّدُ بْنُ عَبْدِ الْمَلِكِ بْنِ أَبِي الشَّوَارِبِ حَدَّثَنَا يَحْيَى بْنُ سُلَيْمٍ الطَّائِفِيُّ عَنْ عُبَيْدِ اللَّهِ بْنِ عُمَرَ عَنْ نَافِعٍ عَنِ ابْنِ عُمَرَ قَالَ نَهَى رَسُولُ اللَّهِ صلى الله عليه وسلم عَنْ بَيْعِ الْوَلاَءِ وَعَنْ هِبَتِهِ
Hadith 2749
Hasan — Darussalam
Division of inheritance
It was
narrated from ‘Abdullah bin ‘Umar that the Messenger of Allah
(ﷺ) said: “Whatever division of inheritance was made during the
Ignorance period, stands according to the division of the Ignorance
period, and whatever division of inheritance was made during Islam,
it
stands according to the division of Islam.”
It was
narrated from Jabir that the Messenger of Allah (ﷺ) said:
“If the
child has cired, the (funeral) prayer should be offered for
him (if
he dies) and he is an heir.”
حَدَّثَنَا هِشَامُ بْنُ عَمَّارٍ حَدَّثَنَا الرَّبِيعُ بْنُ بَدْرٍ حَدَّثَنَا أَبُو الزُّبَيْرِ عَنْ جَابِرٍ قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم إِذَا اسْتَهَلَّ الصَّبِيُّ صُلِّيَ عَلَيْهِ وَوَرِثَ
Hadith 2751
Hasan — Darussalam
If a newborn cries, he is an heir
It was
narrated from Jabir bin ‘Abdullah and Miswar bin Makhrumah
that the
Messenger of Allah (ﷺ) said: “No child inherits until he
raises
his voice or cries.”
It was
narrated that ‘Abdullah bin Mawhab said: “I heard Tamim Ad-
Dari
say: ‘I said: O Messenger of Allah, what is the Sunnah concerning
a
man from among the People of the Book who becomes a Muslim at the
hands of another man?’ He said: ‘He is the closest of all people
to
him in life and in death.’”