Hadith 815
اُردوEn
وعن عمر بن الخطاب رضي الله عنه قال : سمعت رسول الله صلى الله عليه وآله وسلم يقول : « ما أحرز الوالد أو الولد فهو لعصبته من كان ». رواه أبو داود والنسائي وابن ماجه وصححه ابن المديني وابن عبد البر.
Narrated 'Umar bin al-Khattab (RA): I heard Allah's Messenger (ﷺ) as saying, "The property which a parent or a child has a right to, goes to his 'Asabah (paternal relatives) whoever it may be. [Reported by Abu Dawud, an-Nasa'i and Ibn Majah. Ibn al-Madini and Ibn 'Abdul-Barr graded it Sahih (authentic)].
Related hadith on this topic
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، الفرائض، باب في الولاء، حديث:2917، وابن ماجه، الفرائض، حديث:2732، والنسائي في الكبرٰي:4 /75، حديث:6348.»©Explanation:
The issue discussed in this hadith is actually related to the incident in which a woman passed away. Her sons became her heirs; then the sons also passed away, and Amr ibn al-As radi Allahu anhu, being the ‘asaba (agnatic relative) of those boys, became their heir. Then the freed slave of this woman also passed away, so Amr ibn al-As radi Allahu anhu took possession of the inheritance of this slave as well.
The brothers of this woman claimed the inheritance of the woman’s freed slave. And this case was presented before Umar radi Allahu anhu. On this occasion, Umar radi Allahu anhu narrated this hadith and decided the inheritance of the freed slave in favor of Amr ibn al-As radi Allahu anhu, who was the ‘asaba of the woman’s sons.
It should be clear that wala’—that is, the inheritance of a freed slave—is not distributed like the inheritance of the dhawu al-furud (those entitled to fixed shares), rather it belongs to the closest ‘asaba. Although some have differed in this matter, the correct view is that it is not divided in inheritance. And Allah knows best.
«أخرجه أبوداود، الفرائض، باب في الولاء، حديث:2917، وابن ماجه، الفرائض، حديث:2732، والنسائي في الكبرٰي:4 /75، حديث:6348.»©Explanation:
The issue discussed in this hadith is actually related to the incident in which a woman passed away. Her sons became her heirs; then the sons also passed away, and Amr ibn al-As radi Allahu anhu, being the ‘asaba (agnatic relative) of those boys, became their heir. Then the freed slave of this woman also passed away, so Amr ibn al-As radi Allahu anhu took possession of the inheritance of this slave as well.
The brothers of this woman claimed the inheritance of the woman’s freed slave. And this case was presented before Umar radi Allahu anhu. On this occasion, Umar radi Allahu anhu narrated this hadith and decided the inheritance of the freed slave in favor of Amr ibn al-As radi Allahu anhu, who was the ‘asaba of the woman’s sons.
It should be clear that wala’—that is, the inheritance of a freed slave—is not distributed like the inheritance of the dhawu al-furud (those entitled to fixed shares), rather it belongs to the closest ‘asaba. Although some have differed in this matter, the correct view is that it is not divided in inheritance. And Allah knows best.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 815
Shaykh Umar Farooq Saeedi
Benefits and Issues:
The wala’ (right of inheritance from freed slaves) of slaves will be transferred to the agnatic heirs (‘asabat) of the deceased, just like other properties.
2.
In the presence of an agnatic heir (‘asaba), a maternal uncle (khal) cannot become an heir.
The wala’ (right of inheritance from freed slaves) of slaves will be transferred to the agnatic heirs (‘asabat) of the deceased, just like other properties.
2.
In the presence of an agnatic heir (‘asaba), a maternal uncle (khal) cannot become an heir.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2917
Maulana Ataullah Sajid
Benefits and Issues:
➊
In the distribution of inheritance, first the holders of fixed shares (ashab al-furud) are given their prescribed portions.
Whatever remains after them is given to the deceased’s agnatic relatives (asaba).
If the freed slave has no agnatic relatives, then the one who set him free becomes the heir in place of the asaba.
If the slave has neither holders of fixed shares nor agnatic relatives, then the entire estate goes to the emancipator.
➋
The wala’ (right of inheritance due to emancipation) of Umm Wail was inherited by her sons.
After the death of the sons, the wala’ remained within the same family, that is, among the paternal relatives of those children and the in-laws of Umm Wail.
The claim of Umm Wail’s natal family and the maternal relatives of the children, who were claimants to this inheritance, was not accepted.
➌
In the presence of agnatic relatives (asaba), those with uterine kinship (dhawi al-arham) do not inherit.
➊
In the distribution of inheritance, first the holders of fixed shares (ashab al-furud) are given their prescribed portions.
Whatever remains after them is given to the deceased’s agnatic relatives (asaba).
If the freed slave has no agnatic relatives, then the one who set him free becomes the heir in place of the asaba.
If the slave has neither holders of fixed shares nor agnatic relatives, then the entire estate goes to the emancipator.
➋
The wala’ (right of inheritance due to emancipation) of Umm Wail was inherited by her sons.
After the death of the sons, the wala’ remained within the same family, that is, among the paternal relatives of those children and the in-laws of Umm Wail.
The claim of Umm Wail’s natal family and the maternal relatives of the children, who were claimants to this inheritance, was not accepted.
➌
In the presence of agnatic relatives (asaba), those with uterine kinship (dhawi al-arham) do not inherit.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2732
