سنن ابي داود
Abu Dawud
كتاب الفرائضShares of Inheritance (Kitab Al-Faraid)
باب مَا جَاءَ فِي مِيرَاثِ الصُّلْبِChapter: What Has Been Related About The Inheritance For Descendants.
Hadith 2891
اُردوEn
حَدَّثَنَا مُسَدَّدٌ ، حَدَّثَنَا بِشْرُ بْنُ الْمُفَضَّلِ ، حَدَّثَنَا عَبْدُ اللَّهِ بْنُ مُحَمَّدِ بْنِ عَقِيلٍ ، عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ ، قَالَ : خَرَجْنَا مَعَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ حَتَّى جِئْنَا امْرَأَةً مِنْ الْأَنْصَارِ فِي الْأَسْوَاقِ فَجَاءَتِ الْمَرْأَةُ بِابْنَتَيْنِ لَهَا ، فَقَالَتْ : يَا رَسُولَ اللَّهِ هَاتَانِ بِنْتَا ثَابِتِ بْنِ قَيْسٍ ، قُتِلَ مَعَكَ يَوْمَ أُحُدٍ وَقَدِ اسْتَفَاءَ عَمُّهُمَا مَالَهُمَا وَمِيرَاثَهُمَا كُلَّهُ فَلَمْ يَدَعْ لَهُمَا مَالًا إِلَّا أَخَذَهُ ، فَمَا تَرَى يَا رَسُولَ اللَّهِ ؟ فَوَاللَّهِ لَا تُنْكَحَانِ أَبَدًا إِلَّا وَلَهُمَا مَالٌ ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " يَقْضِي اللَّهُ فِي ذَلِكَ قَالَ : وَنَزَلَتْ سُورَةُ النِّسَاءِ يُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ سورة النساء آية 11 الْآيَةَ ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : ادْعُوا لِي الْمَرْأَةَ وَصَاحِبَهَا ، فَقَالَ : لِعَمِّهِمَا أَعْطِهِمَا الثُّلُثَيْنِ ، وَأَعْطِ أُمَّهُمَا الثُّمُنَ ، وَمَا بَقِيَ فَلَكَ " ، قَالَ أَبُو دَاوُد : أَخْطَأَ بِشْرٌ فِيهِ إِنَّمَا هُمَا ابْنَتَا سَعْدِ بْنِ الرَّبِيعِ ، وَثَابِتُ بْنُ قَيْسٍ قُتِلَ يَوْمَ الْيَمَامَةِ .
Narrated Jabir ibn Abdullah: We went out with the Messenger of Allah ﷺ and came to a woman of the Ansar in al-Aswaf. The woman brought her two daughters, and said: Messenger of Allah, these are the daughters of Thabit ibn Qays who was killed as a martyr when he was with you at the battle of Uhud, their paternal uncle has taken all their property and inheritance, and he has not left anything for them. What do you think, Messenger of Allah? They cannot be married unless they have some property. The Messenger of Allah ﷺ said: Allah will decide regarding the matter. Then the verse of Surat an-Nisa was revealed: "Allah (thus) directs you as regards your children's (inheritance). " Messenger of Allah ﷺ said: Call to me the woman and her husband's brother. He then said to their paternal uncle: Give them two-thirds and their mother an eighth, and what remains is yours. Abu Dawud said: The narrator Bishr made a mistake. They were the daughters of Saad bin al-Rabi for Thabit bin Qais was killed in the battle of Yamamah.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Shaykh al-Albani has declared this narration to be hasan (good).
And he further stated that these girls were not the daughters of Thabit ibn Qays.
Rather, they were the daughters of Sa'd ibn Rabi' radi Allahu anhu.
As is also mentioned in the narration that follows,
that the aforementioned girls were the daughters of Sa'd ibn Rabi' radi Allahu anhu.
And in this division, the original issue will be calculated from 24: sixteen shares (two-thirds) for the daughters, three shares (one-eighth) for the wife, and the remaining five shares will go to the uncle.
Shaykh al-Albani has declared this narration to be hasan (good).
And he further stated that these girls were not the daughters of Thabit ibn Qays.
Rather, they were the daughters of Sa'd ibn Rabi' radi Allahu anhu.
As is also mentioned in the narration that follows,
that the aforementioned girls were the daughters of Sa'd ibn Rabi' radi Allahu anhu.
And in this division, the original issue will be calculated from 24: sixteen shares (two-thirds) for the daughters, three shares (one-eighth) for the wife, and the remaining five shares will go to the uncle.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2891
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: When a new issue was presented before the Messenger of Allah (sallallahu alayhi wa sallam), regarding which there was no ijtihadi (independent juristic) opinion before him, or when he desired a clear command from Allah, he would wait for revelation (wahy). Until clear revelation descended, or something was inspired into the mind of the Prophet (sallallahu alayhi wa sallam), he would remain silent. Upon the descent of revelation, he would then give the answer.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 4147
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
In the next narration, which is from the Sahihayn, mention is made of sisters instead of children,
and the correct account is indeed that at that time Jabir radi Allahu anhu did not have any children,
therefore, despite this narration being authentic, it falls under the category of "shaadh" (anomalous) (see the next narration).
1:
In the next narration, which is from the Sahihayn, mention is made of sisters instead of children,
and the correct account is indeed that at that time Jabir radi Allahu anhu did not have any children,
therefore, despite this narration being authentic, it falls under the category of "shaadh" (anomalous) (see the next narration).
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 2096
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
Kalalah refers to a deceased person who has neither children nor a father; only brothers and sisters remain as heirs.
1:
Kalalah refers to a deceased person who has neither children nor a father; only brothers and sisters remain as heirs.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 2097
