صحيح البخاري
Bukhari
كتاب الفرائضThe Book of Al-Farad (The Laws of Inheritance)
بَابُ مِيرَاثِ الأَخَوَاتِ مَعَ الْبَنَاتِ عَصَبَةً:Chapter. The sisters (of the deceased) share the inheritance with the daughters (of the deceased), the sisters being treated as the Asaba.
Hadith 6741
اُردوEn
حَدَّثَنَا بِشْرُ بْنُ خَالِدٍ ، حَدَّثَنَا مُحَمَّدُ بْنُ جَعْفَرٍ ، عَنْ شُعْبَةَ ، عَنْ سُلَيْمَانَ ، عَنْ إِبْرَاهِيمَ ، عَنْ الْأَسْوَدِ ، قَالَ : " قَضَى فِينَا مُعَاذُ بْنُ جَبَلٍ عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : النِّصْفُ لِلْابْنَةِ وَالنِّصْفُ لِلْأُخْتِ " . ثُمَّ قَالَ سُلَيْمَانُ : قَضَى فِينَا وَلَمْ يَذْكُرْ عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ .
Narrated Al-Aswad: Mu`adh bin Jabal gave this verdict for us in the lifetime of Allah's Apostle. One-half of the inheritance is to be given to the daughter and the other half to the sister. Sulaiman said: Mu`adh gave a verdict for us, but he did not mention that it was so in the lifetime of Allah's Apostle.
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The scholars of the Ummah are in agreement that sisters, along with daughters, are considered ‘asaba (residuary heirs), meaning that after giving the prescribed share to the daughters, whatever remains will go to the sisters.
There can be several scenarios of this, for example:
٭ If the deceased has one daughter and one sister, then after giving half to the daughter, the sister is entitled to the remaining half.
٭ If the deceased has one daughter, one granddaughter (son’s daughter), and one sister, then the daughter receives half, the granddaughter (son’s daughter) receives 1/6, and when two-thirds are completed, the sisters will inherit the remaining one-third.
٭ If there are two daughters and one sister, the daughters will be given two-thirds, and the remaining one-third will be given to the sister.
(2)
Only Ibn Abbas radi Allahu anhuma has differed from this consensus.
According to him, in the presence of a daughter, the sister will not inherit; rather, if there is another residuary heir (‘asaba), the remainder of the estate after the daughter’s share will go to him, and if there is none, it will be returned to the daughter as radd (return).
In any case, the evidence demands that sisters be considered ‘asaba along with daughters, as will be made clear in the following hadith.
(1)
The scholars of the Ummah are in agreement that sisters, along with daughters, are considered ‘asaba (residuary heirs), meaning that after giving the prescribed share to the daughters, whatever remains will go to the sisters.
There can be several scenarios of this, for example:
٭ If the deceased has one daughter and one sister, then after giving half to the daughter, the sister is entitled to the remaining half.
٭ If the deceased has one daughter, one granddaughter (son’s daughter), and one sister, then the daughter receives half, the granddaughter (son’s daughter) receives 1/6, and when two-thirds are completed, the sisters will inherit the remaining one-third.
٭ If there are two daughters and one sister, the daughters will be given two-thirds, and the remaining one-third will be given to the sister.
(2)
Only Ibn Abbas radi Allahu anhuma has differed from this consensus.
According to him, in the presence of a daughter, the sister will not inherit; rather, if there is another residuary heir (‘asaba), the remainder of the estate after the daughter’s share will go to him, and if there is none, it will be returned to the daughter as radd (return).
In any case, the evidence demands that sisters be considered ‘asaba along with daughters, as will be made clear in the following hadith.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6741
