سنن ابن ماجه
Ibn Majah
كتاب الدياتThe Chapters on Blood Money
بَابُ : الْمِيرَاثِ مِنَ الدِّيَةِChapter: Inheritance From The Blood Money
Hadith 2642
اُردوEn
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ ، حَدَّثَنَا سُفْيَانُ بِنُ عُيَيْنَةَ ، عَنِ الزُّهْرِيِّ ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ ، أَنَّ عُمَرَ كَانَ يَقُولُ : " الدِّيَةُ لِلْعَاقِلَةِ ، وَلَا تَرِثُ الْمَرْأَةُ مِنْ دِيَةِ زَوْجِهَا شَيْئًا حَتَّى كَتَبَ إِلَيْهِ الضَّحَّاكُ بْنُ سُفْيَانَ أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَرَّثَ امْرَأَةَ أَشْيَمَ الضِّبَابِيِّ مِنْ دِيَةِ زَوْجِهَا " .
´It was narrated from Sa'eed bin Musayyab that 'Umar used to say:` “The blood money is for the near male relatives from the father's side and the wife does not inherit anything from the blood money of her husband,” until Ad-Dahhak bin Sufyan wrote to him, and told him that the Prophet (ﷺ) ruled that the wife of Ashyam bin Dibabi should inherit from the blood money of her husband.
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊ The opinion of Umar radi Allahu anhu was likely based on the reasoning that the blood money (diyah) is paid by the male relatives (‘asaba) of the killer, therefore it should be given to the male relatives (‘asaba) of the deceased, and the wife is not included among the ‘asaba.
➋ The correct ruling is that the amount of blood money (diyah) is subject to the same rules as other inheritance, therefore, all heirs who receive a share of the general estate will also receive a share of the blood money (diyah) in accordance with their prescribed shares.
➌ It is possible for the noble Companions (Sahabah radi Allahu anhum) to make an error in ijtihad (independent reasoning), so it is even more likely that scholars and imams who came after them could make mistakes.
➍ When the noble Companions (Sahabah radi Allahu anhum) became aware of a hadith, they would retract their ijtihadi opinion. Scholars should adopt this same approach.
➊ The opinion of Umar radi Allahu anhu was likely based on the reasoning that the blood money (diyah) is paid by the male relatives (‘asaba) of the killer, therefore it should be given to the male relatives (‘asaba) of the deceased, and the wife is not included among the ‘asaba.
➋ The correct ruling is that the amount of blood money (diyah) is subject to the same rules as other inheritance, therefore, all heirs who receive a share of the general estate will also receive a share of the blood money (diyah) in accordance with their prescribed shares.
➌ It is possible for the noble Companions (Sahabah radi Allahu anhum) to make an error in ijtihad (independent reasoning), so it is even more likely that scholars and imams who came after them could make mistakes.
➍ When the noble Companions (Sahabah radi Allahu anhum) became aware of a hadith, they would retract their ijtihadi opinion. Scholars should adopt this same approach.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2642
