Translation
of Sahih Bukhari, Book 80:
Laws
of Inheritance (Al-Faraa'id)
Volume
8, Book 80, Number 716:
Narrated Jabir bin
'Abdullah:
I became sick so
Allah's Apostle and Abu Bakr came on foot to pay
me a visit. When they came, I was unconscious.
Allah's Apostle performed ablution and he poured
over me the water (of his ablution) and I came to
my senses and said, "O Allah's Apostle! What
shall I do regarding my property? How shall I
distribute it?" The Prophet did not reply
till the Divine Verses of inheritance were
revealed .
Volume
8, Book 80, Number 717:
Narrated Abu
Huraira:
Allah's Apostle
said, 'Beware of suspicion, for it is the worst of
false tales and don't look for the other's faults
and don't spy and don't hate each other, and don't
desert (cut your relations with) one another O
Allah's slaves, be brothers!" (See Hadith No.
90)
Volume
8, Book 80, Number 718:
Narrated 'Aisha:
Fatima and Al 'Abbas
came to Abu Bakr, seeking their share from the
property of Allah's Apostle and at that time, they
were asking for their land at Fadak and their
share from Khaibar. Abu Bakr said to them, "
I have heard from Allah's Apostle saying, 'Our
property cannot be inherited, and whatever we
leave is to be spent in charity, but the family of
Muhammad may take their provisions from this
property." Abu Bakr added, "By Allah, I
will not leave the procedure I saw Allah's Apostle
following during his lifetime concerning this
property." Therefore Fatima left Abu Bakr and
did not speak to him till she died.
Volume
8, Book 80, Number 719:
Narrated 'Aisha:
The Prophet said,
"Our (Apostles') property should not be
inherited, and whatever we leave, is to be spent
in charity."
Volume
8, Book 80, Number 720:
Narrated Malik bin
Aus:
'I went and entered
upon 'Umar, his doorman, Yarfa came saying 'Uthman,
'Abdur-Rahman, Az-Zubair and Sa'd are asking your
permission (to see you). May I admit them? 'Umar
said, 'Yes.' So he admitted them Then he came
again and said, 'May I admit 'Ali and 'Abbas?' He
said, 'Yes.' 'Abbas said, 'O, chief of the
believers! Judge between me and this man (Ali ). 'Umar
said, 'I beseech you by Allah by Whose permission
both the heaven and the earth exist, do you know
that Allah's Apostle said, 'Our (the Apostles')
property will not be inherited, and whatever we
leave (after our death) is to be spent in
charity?' And by that Allah's Apostle meant
himself.' The group said, '(No doubt), he said
so.' 'Umar then faced 'Ali and 'Abbas and said,
'Do you both know that Allah's Apostle said that?'
They replied, '(No doubt), he said so.' 'Umar
said, 'So let me talk to you about this matter.
Allah favored His Apostle with something of this
Fai' (i.e. booty won by the Muslims at war without
fighting) which He did not give to anybody else;
Allah said:-- 'And
what Allah gave to His Apostle ( Fai' Booty)
.........to do all things....(59.6) And so that
property was only for Allah's Apostle . Yet, by
Allah, he neither gathered that property for
himself nor withheld it from you, but he gave its
income to you, and distributed it among you till
there remained the present property out of which
the Prophet used to spend the yearly maintenance
for his family, and whatever used to remain, he
used to spend it where Allah's property is spent
(i.e. in charity etc.). Allah's Apostle followed
that throughout his life.
Now I beseech you
by Allah, do you know all that?' They said, 'Yes.'
'Umar then said to 'Ali and 'Abbas, 'I beseech you
by Allah, do you know that?' Both of them said,
'Yes.' 'Umar added, 'And when the Prophet died,
Abu Bakr said, ' I am the successor of Allah's
Apostle, and took charge of that property and
managed it in the same way as Allah's Apostle did.
Then I took charge
of this property for two years during which I
managed it as Allah's Apostle and Abu Bakr did.
Then you both ('Ali and 'Abbas) came to talk to
me, bearing the same claim and presenting the same
case. (O 'Abbas!) You came to me asking for your
share from the property of your nephew, and this
man (Ali) came to me, asking for the share of h is
wife from the property of her father. I said, 'If
you both wish, I will give that to you on that
condition (i.e. that you would follow the way of
the Prophet and Abu Bakr and as I (Umar) have done
in man aging it).' Now both of you seek of me a
verdict other than that? Lo! By Allah, by Whose
permission both the heaven and the earth exist, I
will not give any verdict other than that till the
Hour is established. If you are unable to manage
it, then return it to me, and I will be sufficient
to manage it on your behalf.' "
Volume
8, Book 80, Number 721:
Narrated Abu
Huraira:
Allah's Apostle
said, "Not even a single Dinar of my property
should be distributed (after my deaths to my
inheritors, but whatever I leave excluding the
provision for my wives and my servants, should be
spent in charity."
Volume
8, Book 80, Number 722:
Narrated 'Urwa:
'Aisha said,
"When Allah's Apostle died, his wives
intended to send 'Uthman to Abu Bakr asking him
for their share of the inheritance." Then 'Aisha
said to them, "Didn't Allah's Apostle say,
'Our (Apostles') property is not to be inherited,
and whatever we leave is to be spent in
charity?'"
Volume
8, Book 80, Number 723:
Narrated Abu
Huraira:
The Prophet said,
"I am more closer to the believers than their
own selves, so whoever (of them) dies while being
in debt and leaves nothing for its repayment, then
we are to pay his debts on his behalf and whoever
(among the believers) dies leaving some property,
then that property is for his heirs."
Volume
8, Book 80, Number 724:
Narrated Ibn 'Abbas:
The Prophet said,
"Give the Fara'id (the shares of the
inheritance that are prescribed in the Qur'an) to
those who are entitled to receive it. Then
whatever remains, should be given to the closest
male relative of the deceased ."
Volume
8, Book 80, Number 725:
Narrated Sa'd bin
Abi Waqqas:
I was stricken by
an ailment that led me to the verge of death. The
Prophet came to pay me a visit. I said, "O
Allah's Apostle! I have much property and no heir
except my single daughter. Shall I give two-thirds
of my property in charity?" He said,
"No." I said, "Half of it?" He
said, "No." I said, "One-third of
it?" He said, "You may do so) though
one-third is also to a much, for it is better for
you to leave your off-spring wealthy than to leave
them poor, asking others for help. And whatever
you spend (for Allah's sake) you will be rewarded
for it, even for a morsel of food which you may
put in the mouth of your wife." I said,
"O Allah's Apostle! Will I remain behind and
fail to complete my emigration?" The Prophet
said, "If you are left behind after me,
whatever good deeds you will do for Allah's sake,
that will upgrade you and raise you high. May be
you will have long life so that some people may
benefit by you and others (the enemies) be harmed
by you." But Allah's Apostle felt sorry for
Sa'd bin Khaula as he died in Mecca. (Sufyan, a
sub-narrator said that Sa'd bin Khaula was a man
from the tribe of Bani 'Amir bin Lu'ai.)
Volume
8, Book 80, Number 726:
Narrated Al-Aswad
bin Yazid:
Mu'adh bin Jabal
came to us in Yemen as a tutor and a ruler, and we
(the people of Yemen) asked him about (the
distribution of the property of ) a man who had
died leaving a daughter and a sister. Mu'adh gave
the daughter one-half of the property and gave the
sister the other half.
Volume
8, Book 80, Number 727:
Narrated Ibn 'Abbas:
Allah's Apostle
said, "Give the Fara'id (shares prescribed in
the Qur'an) to those who are entitled to receive
it; and whatever remains, should be given to the
closest male relative of the deceased.'
Volume
8, Book 80, Number 728:
Narrated Huzail bin
Shirahbil:
Abu Musa was asked
regarding (the inheritance of) a daughter, a son's
daughter, and a sister. He said, "The
daughter will take one-half and the sister will
take one-half. If you go to Ibn Mas'ud, he will
tell you the same." Ibn Mas'ud was asked and
was told of Abu Musa's verdict. Ibn Mas'ud then
said, "If I give the same verdict, I would
stray and would not be of the rightly-guided. The
verdict I will give in this case, will be the same
as the Prophet did, i.e. one-half is for daughter,
and one-sixth for the son's daughter, i.e. both
shares make two-thirds of the total property; and
the rest is for the sister." Afterwards we
cams to Abu Musa and informed him of Ibn Mas'ud's
verdict, whereupon he said, "So, do not ask
me for verdicts, as long as this learned man is
among you."
Volume
8, Book 80, Number 729:
Narrated Ibn 'Abbas:
The Prophet said,
"Give the Fara'id, (the shares prescribed in
the Qur'an) to those who are entitled to receive
it, and then whatever remains, should be given to
the closest male relative of the deceased."
Volume
8, Book 80, Number 730:
Narrated Ibn 'Abbas:
The person about
whom Allah's Apostle said, "If I were to take
a Khalil from this nation (my followers), then I
would have taken him (i.e., Abu Bakr), but the
Islamic Brotherhood is better (or said:
good)," regarded a grandfather as the father
himself (in inheritance).
Volume
8, Book 80, Number 731:
Narrated Ibn 'Abbas:
(During the early
days of Islam), the inheritance used to be given
to one's offspring and legacy used to be
bequeathed to the parents, then Allah cancelled
what He wished from that order and decreed that
the male should be given the equivalent of the
portion of two females, and for the parents
one-sixth for each of them, and for one's wife
one-eighth (if the deceased has children) and
one-fourth (if he has no children), for one's
husband one-half (if the deceased has no children)
and one-fourth (if she has children)."
Volume
8, Book 80, Number 732:
Narrated Abu
Huraira:
Allah's Apostle
gave the judgment that a male or female slave
should be given in Qisas for an abortion case of a
woman from the tribe of Bani Lihyan (as blood
money for the fetus) but the lady on whom the
penalty had been imposed died, so the Prophets
ordered that her property be inherited by her
offspring and her husband and that the penalty be
paid by her Asaba.
Volume
8, Book 80, Number 733:
Narrated Al-Aswad:
Mu'adh bin Jabal
gave this verdict for us in the lifetime of
Allah's Apostle. One-half of the inheritance is to
be given to the daughter and the other half to the
sister. Sulaiman said: Mu'adh gave a verdict for
us, but he did not mention that it was so in the
lifetime of Allah's Apostle.
Volume
8, Book 80, Number 734:
Narrated Huzail:
'Abdullah said,
"The judgment I will give in this matter will
be like the judgment of the Prophet, i.e. one-half
is for the daughter and one-sixth for the son's
daughter and the rest of the inheritance for the
sister."
Volume
8, Book 80, Number 735:
Narrated Jabir:
While I was sick,
the Prophet entered upon me and asked for some
water to perform ablution, and after he had
finished his ablution, he sprinkled some water of
his ablution over me, whereupon I became conscious
and said, "O Allah's Apostle! I have
sisters." Then the Divine Verses regarding
the laws of inheritance were revealed.
Volume
8, Book 80, Number 736:
Narrated Al-Bara:
The last Quranic
Verse that was revealed (to the Prophet) was the
final Verse of Surat-an-Nisa, i.e., 'They ask you
for a legal verdict Say: Allah directs (thus)
About those who leave No descendants or ascendants
as heirs....' (4.176)
Volume
8, Book 80, Number 737:
Narrated Abu
Huraira:
Allah's Apostle
said, "I am more closer to the believers than
their ownselves, so whoever (among them) dies
leaving some inheritance, his inheritance will be
given to his 'Asaba, and whoever dies leaving a
debt or dependants or destitute children, then I
am their supporter."
Volume
8, Book 80, Number 738:
Narrated Ibn 'Abbas:
The Prophet said,
"Give the Fara'id (the shares of the
inheritance that are prescribed in the Qur'an) to
those who are entitled to receive it; and whatever
is left should be given to the closest male
relative of the deceased."
Volume
8, Book 80, Number 739:
Narrated Ibn 'Abbas:
regarding the Holy Verse:--'And to everyone, We
have appointed heirs.
When the emigrants
came to Medina, the Ansar used to be the heir of
the emigrants (and vice versa) instead of their
own kindred by blood (Dhawl-l-arham), and that was
because of the bond of brotherhood which the
Prophet had established between them, i.e. the
Ansar and the emigrants. But when the Divine
Verse:--
'And to everyone We
have appointed heirs,' (4.33) was revealed, it
cancelled the other, order i.e. 'To those also, to
whom Your right hands have pledged.'
Volume
8, Book 80, Number 740:
Narrated Ibn 'Umar:
A man and his wife
had a case of Lian (or Mula'ana) during the
lifetime of the Prophet and the man denied the
paternity of her child. The Prophet gave his
verdict for their separation (divorce) and then
the child was regarded as belonging to the wife
only.
Volume
8, Book 80, Number 741:
Narrated 'Aisha:
'Utba (bin Abi
Waqqas) said to his brother Sa'd, "The son of
the slave girl of Zam'a is my son, so be his
custodian." So when it was the year of the
Conquest of Mecca, Sa'd took that child and said,
"He is my nephew, and my brother told me to
be his custodian." On that, 'Abu bin Zam'a
got up and said, 'but the child is my brother, and
the son of my father's slave girl as he was born
on his bed." So they both went to the
Prophet. Sa'd said, "O Allah's Apostle! (This
is) the son of my brother and he told me to be his
custodian." Then 'Abu bin Zam'a said,
"(But he is) my brother and the son of the
slave girl of my father, born on his bed."
The Prophet said, "This child is for you. O
'Abu bin Zam'a, as the child is for the owner of
the bed, and the adulterer receives the
stones." He then ordered (his wife) Sauda
bint Zam'a to cover herself before that boy as he
noticed the boy's resemblance to 'Utba. Since then
the boy had never seen Sauda till he died.
Volume
8, Book 80, Number 742:
Narrated Abu
Huraira:
The Prophet said,
"The boy is for the owner of the bed."
Volume
8, Book 80, Number 743:
Narrated 'Aisha:
I bought Barira (a
female slave). The Prophet said (to me), "Buy
her as the Wala' is for the manumitted." Once
she was given a sheep (in charity). The Prophet
said, "It (the sheep) is a charitable gift
for her (Barira) and a gift for us." Al-Hakam
said, "Barira's husband was a free man."
Ibn 'Abbas said, 'When I saw him, he was a
slave."
Volume
8, Book 80, Number 744:
Narrated Ibn 'Umar:
The Prophet said,
"The Wala' is for the manumitted (of the
slave)."
Volume
8, Book 80, Number 745:
Narrated 'Abdullah:
The Muslims did not
free slaves as Sa'iba, but the People of the Pre-lslamic
Period of Ignorance used to do so.
Volume
8, Book 80, Number 746:
Narrated Al-Aswad:
'Aisha bought
Barira in order to manumit her, but her masters
stipulated that her Wala' (after her death) would
be for them. 'Aisha said, "O Allah's Apostle!
I have bought Barira in order to manumit her, but
her masters stipulated that her Wala' will be for
them." The Prophet said, "Manumit her as
the Wala is for the one who manumits (the
slave)," or said, "The one who pays her
price." Then 'Aisha bought and manumitted
her. After that, Barira was given the choice (by
the Prophet) (to stay with her husband or leave
him). She said, "If he gave me so much and so
much (money) I would not stay with him." (Al-Aswad
added: Her husband was a free man.) The
sub-narrator added: The series of the narrators of
Al-Aswad's statement is incomplete. The statement
of Ibn Abbas, i.e., when I saw him he was a slave,
is more authentic.
Volume
8, Book 80, Number 747:
Narrated 'Ali:
We have no Book to
recite except the Book of Allah (Qur'an) and this
paper. Then 'Ali took out the paper, and behold !
There was written in it, legal verdicts about the
retaliation for wounds, the ages of the camels (to
be paid as Zakat or as blood money). In it was
also written: 'Medina is a sanctuary from Air
(mountain) to Thaur (mountain). So whoever
innovates in it an heresy (something new in
religion) or commits a crime in it or gives
shelter to such an innovator, will incur the curse
of Allah, the angels and all the people, and none
of his compulsory or optional good deeds will be
accepted on the Day of Resurrection. And whoever
(a freed slave) takes as his master (i.e.
be-friends) some people other than hi real masters
without the permission of his real masters, will
incur the curse of Allah, the angels and all the
people, and none of his compulsory, or optional
good deeds will be accepted on the Day of
Resurrection. And the asylum granted by any Muslim
is to be secured by all the Muslims, even if it is
granted by one of the lowest social status among
them; and whoever betrays a Muslim, in this
respect will incur the curse of Allah, the angels,
and all the people, and none of his Compulsory or
optional good deeds will be accepted on the Day of
Resurrection."
Volume
8, Book 80, Number 748:
Narrated Ibn 'Umar:
The Prophet forbade
the selling of the Wala' (of slaves) or giving it
as a present.
Volume
8, Book 80, Number 749:
Narrated Ibn Umar:
That Aisha, the
mother of the Believers, intended to buy a slave
girl in order to manumit her. The slave girl's
master said, "We are ready to sell her to you
on the condition that her Wala should be for
us." Aisha mentioned that to Allah's Apostle
who said, "This (condition) should not
prevent you from buying her, for the Wala is for
the one who manumits (the slave)."
Volume
8, Book 80, Number 750:
Narrated Al-Aswad:
Aisha said, "I
bought Barira and her masters stipulated that the
Wala would be for them." Aisha mentioned that
to the Prophet and he said, "Manumit her, as
the Wala is for the one who gives the silver (i.e.
pays the price for freeing the slave)." Aisha
added, "So I manumitted her. After that, the
Prophet caller her (Barira) and gave her the
choice to go back to her husband or not. She said,
"If he gave me so much and so much (money) I
would not stay with him." So she selected her
ownself (i.e. refused to go back to her
husband)."
Volume
8, Book 80, Number 751:
Narrated Ibn Umar:
When Aisha intended
to buy Barira, she said to the Prophet, "Barira's
masters stipulated that they will have the Wala."
The Prophet said (to Aisha), "Buy her, as the
Wala is for the one who manumits."
Volume
8, Book 80, Number 752:
Narrated Aisha:
Allah's Apostle
said, "The wala is for the one who gives the
silver (pays the price) and does the favor (of
manumission after paying the price)."
Volume
8, Book 80, Number 753:
Narrated Anas bin
Malik:
The Prophet said,
"The freed slave belongs to the people who
have freed him," or said something similar.
Volume
8, Book 80, Number 754:
Narrated Anas bin
Malik:
The Prophet said,
"The son of the sister of some people is from
them or from their own selves."
Volume
8, Book 80, Number 755:
Narrated Abu
Huraira:
The Prophet said,
" If somebody dies (among the Muslims)
leaving some property, the property will go to his
heirs; and if he leaves a debt or dependants, we
will take care of them."
Volume
8, Book 80, Number 756:
Narrated Usama bin
Zaid:
the Prophet said,
"A Muslim cannot be the heir of a
disbeliever, nor can a disbeliever be the heir of
a Muslim."
Volume
8, Book 80, Number 757:
Narrated 'Aisha:
Sa'd bin Abi Waqqas
and 'Abu bin Zam'a had a dispute over a boy. Sa'd
said, "O Allah's Apostle! This (boy) is the
son of my brother, 'Utba bin Abi Waqqas who told
me to be his custodian as he was his son. Please
notice to whom he bears affinity." And 'Abu
bin Zam'a said, "This is my brother, O
Allah's Apostle! He was born on my father's bed by
his slave girl." Then the Prophet looked at
the boy and noticed evident resemblance between
him and 'Utba, so he said, "He (the toy) is
for you, O 'Abu bin Zam'a, for the boy is for the
owner of the bed, and the stone is for the
adulterer. Screen yourself before the boy, O Sauda
bint Zam'a." 'Aisha added: Since then he had
never seen Sauda.
Volume
8, Book 80, Number 758:
Narrated Sa'd:
I heard the Prophet
saying, "Whoever claims to be the son of a
person other than his father, and he knows that
person is not his father, then Paradise will be
forbidden for him." I mentioned that to Abu
Bakra, and he said, "My ears heard that and
my heart memorized it from Allah's Apostle
Volume
8, Book 80, Number 759:
Narrated Abu
Huraira:
The Prophet said,
"Do not deny your fathers (i.e. claim to be
the sons of persons other than your fathers), and
whoever denies his father, is charged with
disbelief."
Volume
8, Book 80, Number 760:
Narrated Abu
Huraira:
Allah's Apostle
said, "There were two women with whom there
were their two sons. A wolf came and took away the
son of one of them. That lady said to her
companion, 'The wolf has taken your son.' The
other said, 'But it has taken your son.' So both
of them sought the judgment of (the Prophet) David
who judged that the boy should be given to the
older lady. Then both of them went to (the
Prophet) Solomon, son of David and informed him of
the case. Solomon said, 'Give me a knife so that I
may cut the child into two portions and give one
half to each of you.' The younger lady said, 'Do
not do so; may Allah bless you ! He is her child.'
On that, he gave the child to the younger
lady." Abu Huraira added: By Allah! I had
never heard the word 'Sakkin' as meaning knife,
except on that day, for we used to call it 'Mudya"
Volume
8, Book 80, Number 761:
Narrated 'Aisha:
Allah's Apostle
once entered upon me in a very happy mood, with
his features glittering with joy, and said,
"O 'Aisha! won't you see that Mujazziz (a
Qa'if) looked just now at Zaid bin Haritha and
Usama bin Zaid and said, 'These feet (of Usama and
his father) belong to each other." (See
Hadith No. 755, Vol. 4)
Volume
8, Book 80, Number 762:
Narrated 'Aisha:
Once Allah's
Apostle entered upon me and he was in a very happy
mood and said, "O 'Aisha: Don't you know that
Mujazziz Al-Mudliji entered and saw Usama and Zaid
with a velvet covering on them and their heads
were covered while their feet were uncovered. He
said, 'These feet belong to each other.'
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