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الفتح الربانی
Fath al-Rabbani
أبواب الفرائضChapters on Inheritance
بَابُ الْمِيرَاتِ بالولاءChapter: Inheritance by allegiance (wala’)
Hadith 6382
اُردوEn
عَنْ عَمْرِو بْنِ شُعَيْبٍ عَنْ أَبِيهِ عَنْ جَدِّهِ قَالَ: فَلَمَّا رَجَعَ عَمْرٌو جَاءَ بَنُو مَعْمَرِ بْنِ حَبِيبٍ يُخَاصِمُونَهُ فِي وَلَاءِ أُخْتِهِمْ إِلَى عُمَرَ بْنِ الْخَطَّابِ، فَقَالَ: أَقْضِي بَيْنَكُمْ بِمَا سَمِعْتُ مِنْ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ يَقُولُ: ((مَا أَحْرَزَ الْوَلَدُ وَالْوَالِدُ فَهُوَ لِعَصَبَتِهِ مَنْ كَانَ)) فَقَضَى لَنَا بِهِ
It is narrated from Sayyiduna Abdullah bin Amr bin al-As (may Allah be pleased with them both) that when Sayyiduna Amr (may Allah be pleased with him) returned (from Syria), the sons of Mu'ammar bin Habib came to him and began disputing with him regarding the guardianship (wala) of their sister. The case was brought before Sayyiduna Umar bin Khattab (may Allah be pleased with him), and he said: I will judge between you according to the command of the Messenger of Allah (peace and blessings be upon him). The Messenger of Allah (peace and blessings be upon him) said: Whatever wealth the children or parents encompass, it will go to their 'asaba (male relatives), whoever they may be. Thus, Sayyiduna Umar (may Allah be pleased with him) judged in our favor in light of this hadith.
Brief Explanation
Benefits: … Its background is that Ri’ab bin Hudhayfah married Umm Wail, from whom three children were born. Then Umm Wail passed away, and her sons were her heirs. Sayyiduna Amr bin al-As radi Allahu anhu took them with him to Syria, where they died due to the plague. Sayyiduna Amr radi Allahu anhu, as their ‘asaba (agnatic relative), became their heir. When the tribe of the deceased woman brought their claim to the court of Sayyiduna Umar radi Allahu anhu, he, in light of this hadith, ruled and declared Sayyiduna Amr radi Allahu anhu as deserving (of inheritance) in his capacity as ‘asaba.
