صحيح البخاري
Bukhari
كتاب الفرائضThe Book of Al-Farad (The Laws of Inheritance)
بَابُ مِيرَاثِ ابْنَةِ ابْنٍ مَعَ ابْنَةٍ:Chapter. The share of inheritance of one‘s son’s daughter in the presence of own daughter.
Hadith 6736
اُردوEn
حَدَّثَنَا آدَمُ ، حَدَّثَنَا شُعْبَةُ ، حَدَّثَنَا أَبُو قَيْسٍ ، سَمِعْتُ هُزَيْلَ بْنَ شُرَحْبِيلَ ، قَالَ : " سُئِلَ أَبُو مُوسَى ، عَنْ بِنْتٍ ، وَابْنَةِ ابْنٍ ، وَأُخْتٍ ، فَقَالَ : لِلْبِنْتِ النِّصْفُ ، وَلِلْأُخْتِ النَّصْفُ " ، وَأَتِ ابْنَ مَسْعُودٍ فَسَيُتَا بِعْنِي ، فَسُئِلَ ابْنُ مَسْعُودٍ ، وَأُخْبِرَ بِقَوْلِ أَبِي مُوسَى ، فَقَالَ لَقَدْ ضَلَلْتُ إِذًا وَمَا أَنَا مِنَ الْمُهْتَدِينَ " أَقْضِي فِيهَا بِمَا قَضَى النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، لِلْابْنَةِ النِّصْفُ ، وَلِابْنَةِ ابْنٍ السُّدُسُ تَكْمِلَةَ الثُّلُثَيْنِ ، وَمَا بَقِيَ فَلِلْأُخْتِ " . فَأَتَيْنَا أَبَا مُوسَى ، فَأَخْبَرْنَاهُ بِقَوْلِ ابْنِ مَسْعُودٍ ، فَقَالَ : لَا تَسْأَلُونِي مَا دَامَ هَذَا الْحَبْرُ فِيكُمْ .
Narrated Huzail bin Shirahbil: Abu Musa was asked regarding (the inheritance of) a daughter, a son's daughter, and a sister. He said, "The daughter will take one-half and the sister will take one-half. If you go to Ibn Mas`ud, he will tell you the same." Ibn Mas`ud was asked and was told of Abu Musa's verdict. Ibn Mas`ud then said, "If I give the same verdict, I would stray and would not be of the rightly-guided. The verdict I will give in this case, will be the same as the Prophet did, i.e. one-half is for daughter, and one-sixth for the son's daughter, i.e. both shares make two-thirds of the total property; and the rest is for the sister." Afterwards we cams to Abu Musa and informed him of Ibn Mas`ud's verdict, whereupon he said, "So, do not ask me for verdicts, as long as this learned man is among you."
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
Hazrat Salman al-Farsi also gave the same ruling in this matter as Abu Musa radi Allahu anhu had given.
It is said that after this, Abu Musa radi Allahu anhu retracted his statement.
From here, rigid followers (muqallideen jamideen) should take a lesson: when Hazrat Abdullah ibn Mas'ud radi Allahu anhu narrated the hadith, Hazrat Abu Musa abandoned his own analogy (qiyas) and opinion (ra’y), and in fact, declared himself unfit to issue a legal verdict (fatwa) in the presence of Hazrat Abdullah ibn Mas'ud radi Allahu anhu.
This is what honesty and justice truly mean.
Every statement must be set aside before the statement of Muhammad (sallallahu alayhi wa sallam).
Hazrat Salman al-Farsi also gave the same ruling in this matter as Abu Musa radi Allahu anhu had given.
It is said that after this, Abu Musa radi Allahu anhu retracted his statement.
From here, rigid followers (muqallideen jamideen) should take a lesson: when Hazrat Abdullah ibn Mas'ud radi Allahu anhu narrated the hadith, Hazrat Abu Musa abandoned his own analogy (qiyas) and opinion (ra’y), and in fact, declared himself unfit to issue a legal verdict (fatwa) in the presence of Hazrat Abdullah ibn Mas'ud radi Allahu anhu.
This is what honesty and justice truly mean.
Every statement must be set aside before the statement of Muhammad (sallallahu alayhi wa sallam).
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6736
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
This incident took place during the caliphate of Uthman radi Allahu anhu, because he had appointed Abu Musa al-Ash'ari radi Allahu anhu as the governor of Kufa. Before this, Ibn Mas'ud radi Allahu anhu was the leader there. He was removed from his position and in his place, Abu Musa al-Ash'ari radi Allahu anhu was appointed. Along with Abu Musa al-Ash'ari radi Allahu anhu, Salman bin Rabi'ah al-Bahili also participated in giving the aforementioned legal verdict; he was very skilled regarding war horses, which is why he was called Salman bin al-Khayl. After the legal verdict of Abdullah bin Mas'ud radi Allahu anhu, both of these individuals retracted their own positions. (Fath al-Bari: 12/32)
(2)
The basis of Abu Musa radi Allahu anhu's legal verdict was the apparent verses of the Qur'an, because in the Noble Qur'an, it is explicitly stated that a single daughter receives half the share. Similarly, it is clarified that a single sister also receives half. When the entire inheritance of the deceased was distributed, nothing remained for the sister, so she was deprived. However, the position of Abdullah bin Mas'ud radi Allahu anhu was that Allah Ta'ala has given daughters a maximum of two-thirds; when one daughter is given half, then one-sixth remains from the two-thirds, which should be given to the granddaughter to complete the two-thirds. Since the Messenger of Allah sallallahu alayhi wa sallam has said: Sisters are to be made 'asabah (residuary heirs) with daughters. (Sahih al-Bukhari, al-Fara'id, Hadith: 6742) Therefore, the remaining one-third from the two-thirds will be given to the sister. This is also supported by the decision of the Messenger of Allah sallallahu alayhi wa sallam, to which Abdullah bin Mas'ud radi Allahu anhu alluded. And Allah knows best.
(1)
This incident took place during the caliphate of Uthman radi Allahu anhu, because he had appointed Abu Musa al-Ash'ari radi Allahu anhu as the governor of Kufa. Before this, Ibn Mas'ud radi Allahu anhu was the leader there. He was removed from his position and in his place, Abu Musa al-Ash'ari radi Allahu anhu was appointed. Along with Abu Musa al-Ash'ari radi Allahu anhu, Salman bin Rabi'ah al-Bahili also participated in giving the aforementioned legal verdict; he was very skilled regarding war horses, which is why he was called Salman bin al-Khayl. After the legal verdict of Abdullah bin Mas'ud radi Allahu anhu, both of these individuals retracted their own positions. (Fath al-Bari: 12/32)
(2)
The basis of Abu Musa radi Allahu anhu's legal verdict was the apparent verses of the Qur'an, because in the Noble Qur'an, it is explicitly stated that a single daughter receives half the share. Similarly, it is clarified that a single sister also receives half. When the entire inheritance of the deceased was distributed, nothing remained for the sister, so she was deprived. However, the position of Abdullah bin Mas'ud radi Allahu anhu was that Allah Ta'ala has given daughters a maximum of two-thirds; when one daughter is given half, then one-sixth remains from the two-thirds, which should be given to the granddaughter to complete the two-thirds. Since the Messenger of Allah sallallahu alayhi wa sallam has said: Sisters are to be made 'asabah (residuary heirs) with daughters. (Sahih al-Bukhari, al-Fara'id, Hadith: 6742) Therefore, the remaining one-third from the two-thirds will be given to the sister. This is also supported by the decision of the Messenger of Allah sallallahu alayhi wa sallam, to which Abdullah bin Mas'ud radi Allahu anhu alluded. And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6736
