سنن ابي داود
Abu Dawud
كتاب الفرائضShares of Inheritance (Kitab Al-Faraid)
باب فِي الْمَرْأَةِ تَرِثُ مِنْ دِيَةِ زَوْجِهَاChapter: Regarding A Woman Inheriting From The Blood Money Of Her Husband.
Hadith 2927
اُردوEn
حَدَّثَنَا أَحْمَدُ بْنُ صَالِح ، حَدَّثَنَا سُفْيَانُ ، عَنِ الزُّهْرِيِّ ، عَنْ سَعِيدٍ ، قَالَ : كَانَ عُمَرُ بْنُ الخَطَّابِ يَقُولُ : الدِّيَةُ للْعَاقِلةِ وَلا تَرِثُ الْمَرْأَةُ مِنْ دِيَةِ زَوْجِهَا شَيْئًا حَتَّى قَالَ لهُ الضَّحَّاكُ بْنُ سُفْيَانَ كَتَبَ إِلَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنْ أُوَرِّثَ امْرَأَةَ أَشْيَمَ الضِّبَابِيَّ مِنْ دِيَةِ زَوْجِهَا فَرَجَعَ عُمْرُ ، قَالَ أَحْمَدُ بْنُ صَالِح ، حَدَّثَنَا عَبْدُ الرَّزَّاقِ بِهَذَا الْحَدِيثِ ، عَنْ مُعَمَرٍ ، عَنِ الزُّهْرِيِّ ، عَنْ سَعِيدٍ ، وَقَالَ فِيهِ ، وَكَانَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ اسْتَعْمَلَهُ عَلَى الأَعْرَابِ .
Narrated Umar ibn al-Khattab: Saeed said: Umar ibn al-Khattab said: Blood-money is meant for the clan of the slain, and she will not inherit from the blood-money of her husband. Ad-Dahhak ibn Sufyan said: The Messenger of Allah ﷺ wrote to me that I should give a share to the wife of Ashyam ad-Dubabi from the blood-money of her husband. So Umar withdrew his opinion. Ahmad ibn Salih said: AbdurRazzaq transmitted this tradition to us from Mamar, from az-Zuhri on the authority of Saeed. In this version he said: The Prophet ﷺ made him governor over the bedouins.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
The blood money (diyah) received in the case of a murdered person is considered his property and will be distributed among his legal heirs according to Islamic law.
Among these heirs is the wife as well.
➋
It is not permissible for any Muslim to give preference to the fatwa, opinion, or ijtihad of the Imams who exercised independent reasoning (a’immah mujtahideen) when authentic ahadith are present.
➌
Ibn Abd al-Barr has counted Ashim Dhababi among the Companions (Sahabah, radi Allahu anhum ajma‘een).
And regarding Dhababi, he writes:
This is a nisbah (attribution) to Dhabab, which is a fortress in Kufa.
(‘Awn al-Ma‘bud)
➊
The blood money (diyah) received in the case of a murdered person is considered his property and will be distributed among his legal heirs according to Islamic law.
Among these heirs is the wife as well.
➋
It is not permissible for any Muslim to give preference to the fatwa, opinion, or ijtihad of the Imams who exercised independent reasoning (a’immah mujtahideen) when authentic ahadith are present.
➌
Ibn Abd al-Barr has counted Ashim Dhababi among the Companions (Sahabah, radi Allahu anhum ajma‘een).
And regarding Dhababi, he writes:
This is a nisbah (attribution) to Dhabab, which is a fortress in Kufa.
(‘Awn al-Ma‘bud)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2927
Shaykh Dr. Abdur Rahman Freywai
English Commentary:
Explanation:
1:
In the chapter of blood money (diyah), the terms ‘aql’, ‘uqul’, and ‘aqilah’ are frequently mentioned, so their clarification is necessary:
‘Aql’ is synonymous with blood money (diyah). Its origin is that when a killer would kill someone, he would gather camels for the payment of blood money, then tie them with ropes in front of the house of the heirs of the slain. For this reason, blood money came to be called ‘aql’. Its plural is ‘uqul’. ‘Aqilah’ refers to those close relatives of the killer from the father’s side who are responsible for the payment of blood money in the case of accidental killing.
2:
In the narration of Sunan Abu Dawud, there is this additional detail: then Umar radi Allahu anhu retracted his statement, “A wife will not inherit from her husband’s blood money.”
Note:
(On the basis of corroborating evidence, this hadith is authentic; otherwise, there is a difference of opinion regarding the hearing of Sa’id ibn al-Musayyib from Umar radi Allahu anhu. See Sahih Abi Dawud, no. 2599.)
Explanation:
1:
In the chapter of blood money (diyah), the terms ‘aql’, ‘uqul’, and ‘aqilah’ are frequently mentioned, so their clarification is necessary:
‘Aql’ is synonymous with blood money (diyah). Its origin is that when a killer would kill someone, he would gather camels for the payment of blood money, then tie them with ropes in front of the house of the heirs of the slain. For this reason, blood money came to be called ‘aql’. Its plural is ‘uqul’. ‘Aqilah’ refers to those close relatives of the killer from the father’s side who are responsible for the payment of blood money in the case of accidental killing.
2:
In the narration of Sunan Abu Dawud, there is this additional detail: then Umar radi Allahu anhu retracted his statement, “A wife will not inherit from her husband’s blood money.”
Note:
(On the basis of corroborating evidence, this hadith is authentic; otherwise, there is a difference of opinion regarding the hearing of Sa’id ibn al-Musayyib from Umar radi Allahu anhu. See Sahih Abi Dawud, no. 2599.)
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1415
