Bukhari

Hadith Commentary:
(1)
In one narration, it is stated that now only help, friendship, and goodwill remain; the system of inheritance from bequests has ended, and the ruling of bequest (wasiyyah) remains.
(Sahih al-Bukhari, al-Kafalah, Hadith: 2292)

(2)
There are two schools of thought regarding the inheritance of dhawu al-arham (uterine relatives):
➊ They should not be given a share in inheritance; rather, in the absence of the holders of fixed shares (ashab al-furud) and agnatic heirs (asabat), the deceased’s estate should be deposited in the public treasury (bayt al-mal).
➋ When there are no holders of fixed shares or agnatic heirs, the deceased’s estate should be distributed among the dhawu al-arham.
From both rational and textual perspectives, the second opinion is stronger and more practicable, especially since the system of bayt al-mal has become disordered. Now, all four madhhabs agree that dhawu al-arham are heirs. Allah the Exalted says:
“In the Book of Allah, relatives are more entitled to one another (in inheritance).”
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Also, the Messenger of Allah (sallallahu alayhi wa sallam) said:
“The maternal uncle will inherit from one who has no other heir.”
(Sunan Abi Dawud, al-Fara’id, Hadith: 2899)
Reason also demands this, because the deceased has both a blood and Islamic relationship with the dhawu al-arham, whereas with the bayt al-mal there is only an Islamic connection. It is evident that one who has two connections is more deserving than one who has only one.

(3)
There are two conditions for the inheritance of dhawu al-arham:
➊ No holder of a fixed share (sahib al-fard) is present.
➋ No agnatic heir (asaba) is present.
It should be noted that there are four categories of dhawu al-arham:
➊ Ascendants of the deceased:
Grandfather (maternal) and others.
➋ Descendants of the deceased:
Children of daughters, nephews, nieces, etc.
➌ Descendants of the father of the deceased:
Daughters of brothers, nieces (brother’s daughters), etc.
➍ Descendants of the grandfather of the deceased:
Maternal uncles and paternal uncles’ daughters, etc.

(4)
Regarding the distribution of inheritance among dhawu al-arham, scholars have three positions as follows:
➊ School of Rahm (womb relationship):
According to them, the estate should be distributed equally among all dhawu al-arham, with no distinction between male and female, near and distant, or strong and weak.
➋ School of Qarabah (kinship):
According to them, among the dhawu al-arham, the degree of closeness is considered first, then the strength and weakness of the relationship, and a distinction is made between male and female as is done with agnatic heirs (asabat).
➌ School of Tanzil (substitution):
According to them, the dhawu al-arham are substituted in the place of those holders of fixed shares or agnatic heirs through whom they are related to the deceased.
The majority of scholars have preferred the method of the School of Tanzil, the details of which can be found in detailed books.