صحيح البخاري
Bukhari
كتاب الفرائضThe Book of Al-Farad (The Laws of Inheritance)
بَابُ مِيرَاثِ الزَّوْجِ مَعَ الْوَلَدِ وَغَيْرِهِ:Chapter. The inheritance of the husband along with the offspring and other relatives (of the deceased).
Hadith 6739
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 مِثْلُ حَظِّ الأُنْثَيَيْنِ سورة النساء آية 11 ، وَجَعَلَ لِلْأَبَوَيْنِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ ، وَجَعَلَ لِلْمَرْأَةِ الثُّمُنَ وَالرُّبُعَ ، وَلِلزَّوْجِ الشَّطْرَ وَالرُّبُعَ " .
Narrated Ibn `Abbas: (During the early days of Islam), the inheritance used to be given to one's offspring and legacy used to be bequeathed to the parents, then Allah cancelled what He wished from that order and decreed that the male should be given the equivalent of the portion of two females, and for the parents one-sixth for each of them, and for one's wife one-eighth (if the deceased has children) and one-fourth (if he has no children), for one's husband one-half (if the deceased has no children) and one-fourth (if she has children).
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
In the era of ignorance (Jahiliyyah), it was customary that only mature male children would inherit the estate; mothers, fathers, and close relatives were deprived of inheritance. Allah, the Exalted, made bequest (wasiyyah) obligatory for parents and close relatives through the following verse:
“It is prescribed for you, when death approaches any of you and he leaves wealth, that he should make a bequest for his parents and near relatives in a fair manner.” (Al-Baqarah 2:180)
Then Allah, the Exalted, abrogated this verse through the verse of inheritance (ayat al-mirath) and fixed shares for parents and close relatives.
The verse of inheritance is:
“Allah instructs you concerning your children: for the male, what is equal to the share of two females.” (An-Nisa 4:11)
(2)
In this verse, the shares of the husband have also been specified.
There are two situations:
• When the deceased wife has no children or male descendants, he receives 1/2.
The statement of Allah, the Exalted, is:
“If your wives have no children, then for you is half of what they leave.” (An-Nisa 4:12)
• When the deceased wife has children or male descendants, he receives 1/4. The statement of Allah, the Exalted, is:
“If they have children, then for you is a fourth of what they leave.” (An-Nisa 4:12)
It should be noted that the wife’s children, whether from the current husband or from a previous one, in this case the husband will only be entitled to 1/4.
(1)
In the era of ignorance (Jahiliyyah), it was customary that only mature male children would inherit the estate; mothers, fathers, and close relatives were deprived of inheritance. Allah, the Exalted, made bequest (wasiyyah) obligatory for parents and close relatives through the following verse:
“It is prescribed for you, when death approaches any of you and he leaves wealth, that he should make a bequest for his parents and near relatives in a fair manner.” (Al-Baqarah 2:180)
Then Allah, the Exalted, abrogated this verse through the verse of inheritance (ayat al-mirath) and fixed shares for parents and close relatives.
The verse of inheritance is:
“Allah instructs you concerning your children: for the male, what is equal to the share of two females.” (An-Nisa 4:11)
(2)
In this verse, the shares of the husband have also been specified.
There are two situations:
• When the deceased wife has no children or male descendants, he receives 1/2.
The statement of Allah, the Exalted, is:
“If your wives have no children, then for you is half of what they leave.” (An-Nisa 4:12)
• When the deceased wife has children or male descendants, he receives 1/4. The statement of Allah, the Exalted, is:
“If they have children, then for you is a fourth of what they leave.” (An-Nisa 4:12)
It should be noted that the wife’s children, whether from the current husband or from a previous one, in this case the husband will only be entitled to 1/4.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6739
