Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
The meaning is that if, at the time of the division of inheritance, some needy orphans and poor people arrive, or distant relatives are present there, then, as an act of kindness, they should also be given something; one should not display stinginess or narrow-mindedness. If you are unable to do this, then at the very least, respond to them with gentle words and do not speak to them harshly.
➋
Some scholars hold the view that this verse has been abrogated by the verse containing the law of inheritance, because in the verse of inheritance, the shares of all rightful heirs have been specified. However, in the following two cases, there is no need to consider this verse abrogated: © The relatives mentioned in the verse refer to the ‘asaba (agnatic relatives). Thus, there is a narration from Ibn Abbas (radi Allahu anhu) in which he said: Some people think that this verse has been abrogated. By Allah! This is not the case; rather, people have shown negligence in acting upon it. There are two types of relatives mentioned in the verse: one (asaba) who can become heirs—such a person must certainly be given something; and the other (asaba) who does not become an heir—such a person should be spoken to gently and told, “We have nothing to give you.” (Sahih al-Bukhari, al-Wasaya, Hadith: 2759 and Fath al-Bari: 8/305) © This ruling is for the bequeather, that when he makes a bequest before his death, he should also allocate a share for the asaba relatives, orphans, and the needy. Thus, when Abdullah bin Abdur-Rahman bin Abu Bakr divided the inheritance of his father, Abdur-Rahman bin Abi Bakr (radi Allahu anhu), during the lifetime of Aisha (radi Allahu anha), he gave a share from his father’s property to every relative and needy person present in the house and recited the aforementioned verse. When Qasim mentioned this incident to Ibn Abbas (radi Allahu anhu), he said: Abdullah bin Abdur-Rahman did not do the right thing, because this was not his responsibility; rather, it was the responsibility of the one making the bequest. (Al-Sunan al-Kubra lil-Bayhaqi: 5/267; Fath al-Bari: 8/306)
➌
It should be clear that giving a little from the inheritance to distant relatives, orphans, and the needy is not obligatory, but rather recommended (mustahabb). Because if this ruling were obligatory, it would mean that these people are also entitled to the inheritance and are partners in it, whereas their share has not been specified. This could become a cause of disagreement, discord, and conflict.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 4576