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سنن ابي داود
Abu Dawud
كتاب الفرائضShares of Inheritance (Kitab Al-Faraid)
باب فِي مِيرَاثِ ذَوِي الأَرْحَامِChapter: Regarding The Inheritance For Those Related Due To The Womb.
Hadith 2902
اُردوEn
حَدَّثَنَا مُسَدَّدٌ ، حَدَّثَنَا يَحْيَى ، حَدَّثَنَا شُعْبَةُ . ح وحَدَّثَنَا عُثْمَانُ بْنُ أَبِي شَيْبَةَ ، حَدَّثَنَا وَكِيعُ بْنُ الْجَرَّاحِ ، عَنْ سُفْيَانَ جَمِيعًا ، عَنْ ابْنِ الْأَصْبَهَانِيِّ ، عَنْ مُجَاهِدِ بْنِ وَرْدَانَ ، عَنْ عُرْوَةَ ، عَنْ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا ، أَنَّ مَوْلًى لِلنَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَاتَ وَتَرَكَ شَيْئًا وَلَمْ يَدَعْ وَلَدًا وَلَا حَمِيمًا ، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " أَعْطُوا مِيرَاثَهُ رَجُلًا مِنْ أَهْلِ قَرْيَتِهِ " ، قَالَ أَبُو دَاوُد : وَحَدِيثُ سُفْيَانَ أَتَمُّ ، وقَالَ مُسَدَّدٌ : قَالَ : فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " هَاهُنَا أَحَدٌ مَنْ أَهْلِ أَرْضِهِ ، قَالُوا : نَعَمْ قَالَ : فَأَعْطُوهُ مِيرَاثَهُ " .
Narrated Aishah, Ummul Muminin: A client of the Prophet ﷺ died and left some property, but he left no child or relative. The Messenger of Allah ﷺ said: Give what he has left to a man belonging to his village. Abu Dawud said: The tradition of Sufyan is more perfect. Musaddad said: Thereupon the Prophet ﷺ said: Is there anyone belonging to his land ? They replied: Yes. He said: Then give him what he has left.
Related hadith on this topic
Brief Explanation
1؎: That inheritance was your right, but you gave it in charity to his compatriot; the Imam has such authority—there must have been some benefit in it.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Since the slave’s wealth was to go to the public treasury (bayt al-mal), and from the public treasury, it is spent on the welfare of the Muslim subjects, therefore the Prophet (sallallahu alayhi wa sallam) instructed that it be given to someone from among the people of his village.
Because there is, by nature, a certain connection among the people of a village.
However, the glare of modern enlightenment and material progress has, especially in large cities, eradicated these relationships.
May Allah protect us (al-‘iyadhu billah).
Since the slave’s wealth was to go to the public treasury (bayt al-mal), and from the public treasury, it is spent on the welfare of the Muslim subjects, therefore the Prophet (sallallahu alayhi wa sallam) instructed that it be given to someone from among the people of his village.
Because there is, by nature, a certain connection among the people of a village.
However, the glare of modern enlightenment and material progress has, especially in large cities, eradicated these relationships.
May Allah protect us (al-‘iyadhu billah).
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2902
Maulana Ataullah Sajid
Benefits and Issues:
➊ The rightful inheritor of this person's estate was, in fact, the Messenger of Allah (sallallahu alayhi wa sallam) himself, but he did not wish to take the wealth and instead ordered that it be given as charity to a deserving person from that locality.
➋ The wealth of one who has no heirs is deposited into the Bayt al-Mal (public treasury), which is then used for works that benefit all Muslims.
➌ In the absence of an organized Bayt al-Mal, the inheritance of one who has no heirs may be given to the people of his locality.
➊ The rightful inheritor of this person's estate was, in fact, the Messenger of Allah (sallallahu alayhi wa sallam) himself, but he did not wish to take the wealth and instead ordered that it be given as charity to a deserving person from that locality.
➋ The wealth of one who has no heirs is deposited into the Bayt al-Mal (public treasury), which is then used for works that benefit all Muslims.
➌ In the absence of an organized Bayt al-Mal, the inheritance of one who has no heirs may be given to the people of his locality.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2733
