سنن ابي داود
Abu Dawud
كتاب الفرائضShares of Inheritance (Kitab Al-Faraid)
باب نَسْخِ مِيرَاثِ الْعَقْدِ بِمِيرَاثِ الرَّحِمِChapter: The Abrogation Of Inheritance Due To Alliances By Inheritance Due To Relations.
Hadith 2921
اُردوEn
حَدَّثَنَا أَحْمَدُ بْنُ مُحَمَّدِ بْنِ ثَابِتٍ ، حَدَّثَنِي عَلِيُّ بْنُ حُسَيْنٍ ، عَنْ أَبِيهِ ، عَنْ يَزِيدَ النَّحْوِيِّ ، عَنْ عِكْرِمَةَ ، عَنْ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا ، قَالَ : 0 وَالَّذِينَ عَاقَدَتْ أَيْمَانُكُمْ فَآتُوهُمْ نَصِيبَهُمْ 0 ، كَانَ الرَّجُلُ يُحَالِفُ الرَّجُلَ لَيْسَ بَيْنَهُمَا نَسَبٌ فَيَرِثُ أَحَدُهُمَا الآخَرَ ، فَنَسَخَ ذَلِكَ الأَنْفَالُ فَقَالَ تَعَالَى :وَأُولُو الأَرْحَامِ بَعْضُهُمْ أَوْلَى بِبَعْضٍ سورة الأنفال آية 75 .
Narrated Ibn Abbas: To those also, to whom your right hand was pledged, give their due portion. A man made an agreement with another man (in early days of Islam), and there was no relationship between the ; one of them inherited from the other. The following verse of Surat Al-Anfal abrogated it: "But kindred by blood have prior right against each other. "
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: In the early days of the Hijrah, when the Islamic state was taking shape in Madinah Munawwarah, the Messenger of Allah (sallallahu alayhi wa sallam) established the system of brotherhood (mu’akhah) between the Muhajirun and the Ansar. That is, each Muhajir was made the brother of an Ansari. From a historical perspective, this was a unique and unparalleled experiment, the like of which had never been heard of before, nor is it likely to occur again in the future. On the basis of this brotherhood, these adopted brothers began to inherit from each other instead of their actual blood relatives. In Surah al-Nisa, this is mentioned as follows:
(وَلِكُلٍّ جَعَلْنَا مَوَالِيَ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ ۚ وَالَّذِينَ عَقَدَتْ أَيْمَانُكُمْ فَآتُوهُمْ نَصِيبَهُمْ) () “For everyone, We have appointed heirs to what is left by parents and relatives. And those with whom you have made a contract, give them their share.” () That is, whatever parents or relatives leave behind, We have appointed heirs for each, and those with whom you have made a contract, give them their share. However, this ruling of inheritance was abrogated after a short period. And in Surah al-Anfal, it was stated:
(وَأُولُو الْأَرْحَامِ بَعْضُهُمْ أَوْلَىٰ بِبَعْضٍ فِي كِتَابِ اللَّـهِ ۗ) () “And those who are related by blood are closer to one another in the Book of Allah.” ()
Similarly, one method of inheritance through alliance (hilf) was that, before Islam, two individuals or two tribes would make a pact and alliance to help each other. And after Islam, this practice continued in the same way. This verse also abrogated that method. However, general support, Islamic brotherhood, and helping through bequest (wasiyyah) remain. And even beyond this, when no relative is present, the ally (halif) will be the heir. Some have said that the ally is not the heir; rather, the inheritance of such a person will go to the Bayt al-Mal (public treasury). In the Hafs recitation, according to which the Qur’an is currently recited, it is (عقدتْ), but in some narrations it is recited as (عاقدتْ). In this hadith as well, the word is (عاقدتْ).
Benefit: In the early days of the Hijrah, when the Islamic state was taking shape in Madinah Munawwarah, the Messenger of Allah (sallallahu alayhi wa sallam) established the system of brotherhood (mu’akhah) between the Muhajirun and the Ansar. That is, each Muhajir was made the brother of an Ansari. From a historical perspective, this was a unique and unparalleled experiment, the like of which had never been heard of before, nor is it likely to occur again in the future. On the basis of this brotherhood, these adopted brothers began to inherit from each other instead of their actual blood relatives. In Surah al-Nisa, this is mentioned as follows:
(وَلِكُلٍّ جَعَلْنَا مَوَالِيَ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ ۚ وَالَّذِينَ عَقَدَتْ أَيْمَانُكُمْ فَآتُوهُمْ نَصِيبَهُمْ) () “For everyone, We have appointed heirs to what is left by parents and relatives. And those with whom you have made a contract, give them their share.” () That is, whatever parents or relatives leave behind, We have appointed heirs for each, and those with whom you have made a contract, give them their share. However, this ruling of inheritance was abrogated after a short period. And in Surah al-Anfal, it was stated:
(وَأُولُو الْأَرْحَامِ بَعْضُهُمْ أَوْلَىٰ بِبَعْضٍ فِي كِتَابِ اللَّـهِ ۗ) () “And those who are related by blood are closer to one another in the Book of Allah.” ()
Similarly, one method of inheritance through alliance (hilf) was that, before Islam, two individuals or two tribes would make a pact and alliance to help each other. And after Islam, this practice continued in the same way. This verse also abrogated that method. However, general support, Islamic brotherhood, and helping through bequest (wasiyyah) remain. And even beyond this, when no relative is present, the ally (halif) will be the heir. Some have said that the ally is not the heir; rather, the inheritance of such a person will go to the Bayt al-Mal (public treasury). In the Hafs recitation, according to which the Qur’an is currently recited, it is (عقدتْ), but in some narrations it is recited as (عاقدتْ). In this hadith as well, the word is (عاقدتْ).
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2921
