صحيح البخاري
Bukhari
كتاب الوصاياThe Book of Wasaya (Wills and Testaments)
بَابُ لاَ وَصِيَّةَ لِوَارِثٍ:Chapter. A legal heir has no right to inherit through a will.
Hadith 2747
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ يُوسُفَ ، عَنْ وَرْقَاءَ ، عَنْ ابْنِ أَبِي نَجِيحٍ ، عَنْ عَطَاءٍ ، عَنْ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا ، قَالَ : " كَانَ الْمَالُ لِلْوَلَدِ ، وَكَانَتِ الْوَصِيَّةُ لِلْوَالِدَيْنِ ، فَنَسَخَ اللَّهُ مِنْ ذَلِكَ مَا أَحَبَّ ، فَجَعَلَ لِلذَّكَرِ مِثْلَ حَظِّ الْأُنْثَيَيْنِ ، وَجَعَلَ لِلْأَبَوَيْنِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسَ ، وَجَعَلَ لِلْمَرْأَةِ الثُّمُنَ وَالرُّبُعَ ، وَلِلزَّوْجِ الشَّطْرَ وَالرُّبُعَ " .
Narrated Ibn `Abbas: The custom (in old days) was that the property of the deceased would be inherited by his offspring; as for the parents (of the deceased), they would inherit by the will of the deceased. Then Allah cancelled from that custom whatever He wished and fixed for the male double the amount inherited by the female, and for each parent a sixth (of the whole legacy) and for the wife an eighth or a fourth and for the husband a half or a fourth.
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
In this situation, the question of bequest (wasiyyah) does not remain at all.
In this situation, the question of bequest (wasiyyah) does not remain at all.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2747
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
It is stated in the Noble Qur’an:
﴿كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ إِن تَرَكَ خَيْرًا الْوَصِيَّةُ لِلْوَالِدَيْنِ وَالْأَقْرَبِينَ بِالْمَعْرُوفِ ۖ حَقًّا عَلَى الْمُتَّقِينَ ﴿١٨٠﴾)
“When death approaches any one of you and he leaves behind some wealth, it has been prescribed for you to make a bequest (wasiyyah) in favor of parents and near relatives in a fair manner. This is a duty upon the God-fearing.” (Al-Baqarah: 180: 2)
After this, the above-mentioned hadith or verse was abrogated for parents through the laws of inheritance (mirath), and a fixed share was prescribed for parents: in the presence of children, each parent will receive one-sixth.
Thus, inheritance (mirath) and bequest (wasiyyah) cannot both be combined for the parents.
Similarly, both bequest and inheritance cannot be combined for any heir.
Just as the bequest for parents was abrogated, likewise the bequest for any heir was also abrogated.
(2)
There is consensus among all scholars that if someone made a bequest (wasiyyah) for his brother while he had no son—which would otherwise prevent the brother from inheriting—and then, before the testator’s (musi’s) death, a son was born to him, then the bequest for the brother will be valid, because now the brother cannot take a share from the inheritance.
Before the birth of the son, the bequest for the brother was not valid, because in that case, the brother was entitled to a share of the inheritance.
Similarly, if someone made a bequest for his brother while he had a son, and then, before the testator’s death, the son passed away, then in this case the bequest for the brother will not be valid, because upon the son’s death, the brother, being an agnate (asaba), becomes an heir, and a bequest for an heir is not valid.
(Fath al-Bari: 5/457)
The clarification of the shares for heirs as narrated from Ibn Abbas (radi Allahu anhu) will be discussed in detail in the upcoming Book of Inheritance (Kitab al-Fara’id), insha’Allah ta’ala.
(1)
It is stated in the Noble Qur’an:
﴿كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ إِن تَرَكَ خَيْرًا الْوَصِيَّةُ لِلْوَالِدَيْنِ وَالْأَقْرَبِينَ بِالْمَعْرُوفِ ۖ حَقًّا عَلَى الْمُتَّقِينَ ﴿١٨٠﴾)
“When death approaches any one of you and he leaves behind some wealth, it has been prescribed for you to make a bequest (wasiyyah) in favor of parents and near relatives in a fair manner. This is a duty upon the God-fearing.” (Al-Baqarah: 180: 2)
After this, the above-mentioned hadith or verse was abrogated for parents through the laws of inheritance (mirath), and a fixed share was prescribed for parents: in the presence of children, each parent will receive one-sixth.
Thus, inheritance (mirath) and bequest (wasiyyah) cannot both be combined for the parents.
Similarly, both bequest and inheritance cannot be combined for any heir.
Just as the bequest for parents was abrogated, likewise the bequest for any heir was also abrogated.
(2)
There is consensus among all scholars that if someone made a bequest (wasiyyah) for his brother while he had no son—which would otherwise prevent the brother from inheriting—and then, before the testator’s (musi’s) death, a son was born to him, then the bequest for the brother will be valid, because now the brother cannot take a share from the inheritance.
Before the birth of the son, the bequest for the brother was not valid, because in that case, the brother was entitled to a share of the inheritance.
Similarly, if someone made a bequest for his brother while he had a son, and then, before the testator’s death, the son passed away, then in this case the bequest for the brother will not be valid, because upon the son’s death, the brother, being an agnate (asaba), becomes an heir, and a bequest for an heir is not valid.
(Fath al-Bari: 5/457)
The clarification of the shares for heirs as narrated from Ibn Abbas (radi Allahu anhu) will be discussed in detail in the upcoming Book of Inheritance (Kitab al-Fara’id), insha’Allah ta’ala.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2747
