سنن ابي داود
Abu Dawud
كتاب الفرائضShares of Inheritance (Kitab Al-Faraid)
باب فِي الْوَلاَءِChapter: Regarding Al-Wala’.
Hadith 2917
اُردوEn
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ عَمْرِو بْنِ أَبِي الْحَجَّاجِ أَبُو مَعْمَرٍ ، حَدَّثَنَا عَبْدُ الْوَارِثِ ، عَنْ حُسَيْنٍ الْمُعَلِّمِ ، عَنْ عَمْرِو بْنِ شُعَيْبٍ ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ ، أَنَّ رِئَابَ بْنَ حُذَيْفَةَ تَزَوَّجَ امْرَأَةً فَوَلَدَتْ لَهُ ثَلَاثَةَ غِلْمَةٍ ، فَمَاتَتْ أُمُّهُمْ فَوَرَّثُوهَا رِبَاعَهَا ، وَوَلَاءَ مَوَالِيهَا ، وَكَانَ عَمْرُو بْنُ الْعَاصِ عَصَبَةَ بَنِيهَا فَأَخْرَجَهُمْ إِلَى الشَّامِ فَمَاتُوا ، فَقَدَّمَ عَمْرُو بْنُ الْعَاصِ وَمَاتَ مَوْلًى لَهَا وَتَرَكَ مَالًا لَهُ فَخَاصَمَهُ إِخْوَتُهَا إِلَى عُمَرَ بْنِ الْخَطَّابِ ، فَقَالَ عُمَرُ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَا أَحْرَزَ الْوَلَدُ أَوِ الْوَالِدُ فَهُوَ لِعَصَبَتِهِ مَنْ كَانَ " ، قَالَ : فَكَتَبَ لَهُ كِتَابًا فِيهِ شَهَادَةُ عَبْدِ الرَّحْمَنِ بْنِ عَوْفٍ ، وَزَيْدِ بْنِ ثَابِتٍ ، وَرَجُلٍ آخَرَ ، فَلَمَّا اسْتُخْلِفَ عَبْدُ الْمَلِكِ اخْتَصَمُوا إِلَى هِشَامِ بْنِ إِسْمَاعِيل ، أَوْ إِلَى إِسْمَاعِيل بْنِ هِشَامٍ فَرَفَعَهُمْ إِلَى عَبْدِ الْمَلِكِ ، فَقَالَ : هَذَا مِنَ الْقَضَاءِ الَّذِي مَا كُنْتُ أَرَاهُ ، قَالَ : فَقَضَى لَنَا بِكِتَابِ عُمَرَ بْنِ الْخَطَّابِ فَنَحْنُ فِيهِ إِلَى السَّاعَةِ .
Narrated Amr bin Suhaib: On his father's authority, said that his grandfather reported: Rabab ibn Hudhayfah married a woman and three sons were born to him from her. Their mother then died. They inherited her houses and had the right of inheritance of her freed slaves. Amr ibn al-As was the agnate of her sons. He sent them to Syria where they died. Amr ibn al-As then came. A freed slave of hers died and left some property. Her brothers disputed with him and brought the case to Umar ibn al-Khattab. Umar reported the Messenger of Allah ﷺ as saying: Whatever property a son or a father receives as an heir will go to his agnates, whoever they may be. He then wrote a document for him, witnessed by Abdur Rahman ibn Awf, Zayd ibn Thabit and one other person. When AbdulMalik became caliph, they presented the case to Hisham ibn Ismail or Ismail ibn Hisham (the narrator is doubtful). He sent them to Abd al-Malik who said: This is the decision which I have already seen. The narrator said: So he (Abd al-Malik) made the decision on the basis of the document of Umar ibn al-Khattab, and that is still with us till this moment.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
The wala’ (right of inheritance from freed slaves) of slaves will be transferred to the agnatic heirs (‘asabat) of the deceased, just like other properties.
2.
In the presence of an agnatic heir (‘asaba), a maternal uncle (khal) cannot become an heir.
The wala’ (right of inheritance from freed slaves) of slaves will be transferred to the agnatic heirs (‘asabat) of the deceased, just like other properties.
2.
In the presence of an agnatic heir (‘asaba), a maternal uncle (khal) cannot become an heir.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2917
Maulana Ataullah Sajid
Benefits and Issues:
➊
In the distribution of inheritance, first the holders of fixed shares (ashab al-furud) are given their prescribed portions.
Whatever remains after them is given to the deceased’s agnatic relatives (asaba).
If the freed slave has no agnatic relatives, then the one who set him free becomes the heir in place of the asaba.
If the slave has neither holders of fixed shares nor agnatic relatives, then the entire estate goes to the emancipator.
➋
The wala’ (right of inheritance due to emancipation) of Umm Wail was inherited by her sons.
After the death of the sons, the wala’ remained within the same family, that is, among the paternal relatives of those children and the in-laws of Umm Wail.
The claim of Umm Wail’s natal family and the maternal relatives of the children, who were claimants to this inheritance, was not accepted.
➌
In the presence of agnatic relatives (asaba), those with uterine kinship (dhawi al-arham) do not inherit.
➊
In the distribution of inheritance, first the holders of fixed shares (ashab al-furud) are given their prescribed portions.
Whatever remains after them is given to the deceased’s agnatic relatives (asaba).
If the freed slave has no agnatic relatives, then the one who set him free becomes the heir in place of the asaba.
If the slave has neither holders of fixed shares nor agnatic relatives, then the entire estate goes to the emancipator.
➋
The wala’ (right of inheritance due to emancipation) of Umm Wail was inherited by her sons.
After the death of the sons, the wala’ remained within the same family, that is, among the paternal relatives of those children and the in-laws of Umm Wail.
The claim of Umm Wail’s natal family and the maternal relatives of the children, who were claimants to this inheritance, was not accepted.
➌
In the presence of agnatic relatives (asaba), those with uterine kinship (dhawi al-arham) do not inherit.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2732
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، الفرائض، باب في الولاء، حديث:2917، وابن ماجه، الفرائض، حديث:2732، والنسائي في الكبرٰي:4 /75، حديث:6348.»©Explanation:
The issue discussed in this hadith is actually related to the incident in which a woman passed away. Her sons became her heirs; then the sons also passed away, and Amr ibn al-As radi Allahu anhu, being the ‘asaba (agnatic relative) of those boys, became their heir. Then the freed slave of this woman also passed away, so Amr ibn al-As radi Allahu anhu took possession of the inheritance of this slave as well.
The brothers of this woman claimed the inheritance of the woman’s freed slave. And this case was presented before Umar radi Allahu anhu. On this occasion, Umar radi Allahu anhu narrated this hadith and decided the inheritance of the freed slave in favor of Amr ibn al-As radi Allahu anhu, who was the ‘asaba of the woman’s sons.
It should be clear that wala’—that is, the inheritance of a freed slave—is not distributed like the inheritance of the dhawu al-furud (those entitled to fixed shares), rather it belongs to the closest ‘asaba. Although some have differed in this matter, the correct view is that it is not divided in inheritance. And Allah knows best.
«أخرجه أبوداود، الفرائض، باب في الولاء، حديث:2917، وابن ماجه، الفرائض، حديث:2732، والنسائي في الكبرٰي:4 /75، حديث:6348.»©Explanation:
The issue discussed in this hadith is actually related to the incident in which a woman passed away. Her sons became her heirs; then the sons also passed away, and Amr ibn al-As radi Allahu anhu, being the ‘asaba (agnatic relative) of those boys, became their heir. Then the freed slave of this woman also passed away, so Amr ibn al-As radi Allahu anhu took possession of the inheritance of this slave as well.
The brothers of this woman claimed the inheritance of the woman’s freed slave. And this case was presented before Umar radi Allahu anhu. On this occasion, Umar radi Allahu anhu narrated this hadith and decided the inheritance of the freed slave in favor of Amr ibn al-As radi Allahu anhu, who was the ‘asaba of the woman’s sons.
It should be clear that wala’—that is, the inheritance of a freed slave—is not distributed like the inheritance of the dhawu al-furud (those entitled to fixed shares), rather it belongs to the closest ‘asaba. Although some have differed in this matter, the correct view is that it is not divided in inheritance. And Allah knows best.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 815
