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الفتح الربانی
Fath al-Rabbani
أبواب الفرائضChapters on Inheritance
بَاب مَا جَاءَ فِي مِبْرَاتِ الْمَوْلَى مِنْ أَسْفَلِ وَمَنْ أَسْلَمَ عَلَى يَدِهِ رَجُلٌChapter: What has been reported regarding the inheritance of the freed slave from below and one who accepted Islam at his hand
Hadith 6373
اُردوEn
عَنْ تَمِيمٍ الدَّارِيِّ قَالَتْ: سَأَلْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ: مَا السُّنَّةُ فِي الرَّجُلِ مِنْ أَهْلِ الْكُفْرِ يُسْلِمُ عَلَى يَدِ الرَّجُلِ مِنَ الْمُسْلِمِينَ؟ قَالَ: ((هُوَ أَوْلَى النَّاسِ بِحَيَاتِهِ وَمَوْتِهِ))
It is narrated from Sayyiduna Tamim Dari (may Allah be pleased with him), he says: I asked the Messenger of Allah (peace and blessings be upon him) that if a man from among the disbelievers accepts Islam at the hand of a Muslim, what will be the procedure regarding him? The Prophet (peace and blessings be upon him) said: This Muslim will have the greatest right over him, in his life and in his death, compared to others.
Brief Explanation
Benefits: … In the narration of Sa‘id ibn Mansur, these additional words are present: ((يَرِثُهُ وَيَعْقِلُ عَنْهُ)) … “He will inherit from him and pay the blood money (diyah) on his behalf.” However, in its chain of narration, the narrator Ahwas ibn Hakim is weak in memory, but regarding him, Imam al-Albani said: “He is used for corroboration.” (Sahihah: 2316)
Imam ‘Abdullah ibn al-Mubarak said: In the absence of other heirs, such a person will become the heir. Imam Thawri said: He will become the heir and he is more deserving than others. (Musannaf ‘Abd al-Razzaq: 6/20, 9/39)
It should be noted that Sayyiduna Tamim al-Dari radi Allahu anhu accepted Islam in 9 AH, therefore, one should not claim that this hadith is abrogated.
Imam ‘Abdullah ibn al-Mubarak said: In the absence of other heirs, such a person will become the heir. Imam Thawri said: He will become the heir and he is more deserving than others. (Musannaf ‘Abd al-Razzaq: 6/20, 9/39)
It should be noted that Sayyiduna Tamim al-Dari radi Allahu anhu accepted Islam in 9 AH, therefore, one should not claim that this hadith is abrogated.
