27. Wills and Inheritance

1 Ibn 'Umar reported, The Messenger of Allāh, peace and blessings of Allāh be on him, said:

"It is not right for a Muslim who has property regarding which he must make a will that he should sleep for two nights (consecutively) but that his will should be written down with him.

(B. 55:1.)

2 Sa'd ibn Abī Waqqās said, The Messenger of Allāh, peace and blessings of Allāh be on him, used to visit me at Makkah, in the year of the Farewell pilgrimage, on account of (my) illness which had become very severe. So I said, My illness has become very severe and I have much property and there is none to inherit from me but a daughter, shall I then bequeath two-thirds of my property as a charity? He said, "No". I said, Half? He said, "No". Then he said:

"Bequeath one-third and one-third is much, for if thou leavest thy heirs free from want, it is better than that thou leavest them in want, begging of (other) people; and thou dost not spend anything seeking thereby the pleasure of Allāh but thou art rewarded for it, even for that which thou puttest into the mouth of thy wife."

(B. 23:36.)

3 Abū Umāmah said, I heard the Messenger of Allāh, peace and blessings of Allāh be on him, say in his sermon in the Farewell pilgrimage: "Surely Allāh has given to every one entitled to anything his due, therefor, there shall be no bequest for one who inherits."2

(AD-Msh. 12:20.)

4 Anas reported, The Messenger of Allāh, peace and blessings of Allāh be on him, said to Abū Talhah:

"Give it to the needy from among thy near relatives." So he gave it to Hassān and Ubaiyy ibn Ka'b, . ...and they were nearer to him than my self.3

(B. 55:10.)

5 It is mentioned that the Prophet, peace and blessings of Allāh be on him, ordered the debt to be paid before the execution of the will.

(B. 55:9.)

6 Usāmah reported, The Prophet, peace and blessings of Allāh be on him, said:

"The Muslim does not inherit from the unbeliever, nor does the unbeliever inherit from the Muslim."5

(B. 85:25.)

7 'Ā'ishah reported, 'When the Messenger of Allāh, peace and blessings of Allāh be on him, died,

the wives of the Prophet, peace and blessings of Allāh be on him, intended sending 'Uthmān to Abu Bakr, demanding their share of inheritance. 'Ā'ishah said, Did not the Messenger of Allāh, peace and blessings of Allāh be on him, say "We are not inherited whatever we leave is a charity."

(B. 85:2.)

8 Ibn 'Abbās reported, The Prophet, peace and blessings of Allāh be on him, said:

"Give the appointed portions to those entitled to them. Then whatever remains is for the nearest male."

(B. 85:4.)

9 Zaid said, When a man or a woman leaves behind a daughter, she gets one-half; and if there are two (daughters) or more, they get two-thirds; and if there is a male with them, beginning is made with him who inherits with them and he is given his appointed portion. and what remains (is divided among the children), the male having the portion of two females.7

(B. 85:4.)

10 Zaid said, The children of a son take the place of a son, when there Is no son besides them; their males are like their males and their females like their females; they inherit as they inherit and they preclude (other relatives) as they preclude; and the son of a son does not inherit with the son.8

(B. 85:6.)

11 Ibn 'Abbās said, My son's son inherits from me precluding my brothers, why should I not inherit from my son's son? And different opinions are related from 'Umar and 'Alī and Ibn Mas'ūd and Zaid.

(B. 85:8.)

12 Buraidah said, A man from. among the Khuzā'ah died, and his inheritance was brought to the Prophet, peace and blessings of Allāh be on him. He said, "Search for his heir or one related to him on the female side." But they could not find a heir for him, nor one related on the female side. So the Messenger of Allāh, peace and blessings of Allāh be on him, said Give it to the nearest connected with him through a great-grand-ancestor from among the Khuzā'ah."

(AD-Msh. 12:19.)

13 Ibn Abbās reported, A man died, and he did not leave any heir except a slave whom he had set free. The Prophet, peace and blessings of Allāh be on him, said, "Has he any one (to inherit)?" They said, None, except a slave whom he had set free. So the Prophet, peace and blessings of Allāh be on him, gave his inheritance to him.

(AD-Msh. 12:19.)

14 Miqdām said, The Messenger of Allāh, peace and blessings of Allāh be on him, said:

"I am nearer to every believer than his own self; so whoever leaves behind a debt or children to support, it shall be our charge; and whoever leaves property, it is for his heirs; and I am the heir of the person who has no heir--I inherit his property and liberate his captivity.

(AD-Msh 12:19.)

15 Jābir said, The Messenger of Allāh, peace and blessings of Allāh be on him, said:

"When a child is born crying, funeral service is held over him and he is inherited."

(IM-Msh. 12:19.)

16 Abū Hurairah said, The Messenger of Allāh, peace and blessings of Allāh be on him, said

"The murderer does not inherit."

(Tr.-Msh. 12:19.)

17 'Amr ibn Shu'aib reported, The Prophet, peace and blessings of Allāh be on him, said:

Whoever holds illicit intercourse with a free woman or a slave-girl, the child (thus born) is illegitimate, and be does not inherit, nor is he inherited."

(Tr-Msh. 12: 19.)

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