سنن ابن ماجه
Ibn Majah
كتاب الفرائضChapters on Shares of Inheritance
بَابُ : فَرَائِضِ الصُّلْبِChapter: Shares for descendants
Hadith 2720
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ أَبِي عُمَرَ الْعَدَنِيُّ ، حَدَّثَنَا سُفْيَانُ بْنُ عُيَيْنَةَ ، عَنْ عَبْدِ اللَّهِ بْنِ مُحَمَّدِ بْنِ عَقِيلٍ ، عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ ، قَالَ : جَاءَتِ امْرَأَةُ سَعْدِ بْنِ الرَّبِيعِ بِابْنَتَيْ سَعْدٍ إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَتْ : يَا رَسُولَ اللَّهِ هَاتَانِ ابْنَتَا سَعْدٍ قُتِلَ مَعَكَ يَوْمَ أُحُدٍ وَإِنَّ عَمَّهُمَا أَخَذَ جَمِيعَ مَا تَرَكَ أَبُوهُمَا ، وَإِنَّ الْمَرْأَةَ لَا تُنْكَحُ إِلَّا عَلَى مَالِهَا ، فَسَكَتَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ حَتَّى أُنْزِلَتْ آيَةُ الْمِيرَاثِ ، فَدَعَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَخَا سَعْدِ بْنِ الرَّبِيعِ فَقَالَ : " أَعْطِ ابْنَتَيْ سَعْدٍ ثُلُثَيْ مَالِهِ وَأَعْطِ امْرَأَتَهُ الثُّمُنَ وَخُذْ أَنْتَ مَا بَقِيَ " .
´It was narrated that Jabir bin ‘Abdullah said:` “The wife of Sa’d bin Rabi’ came with the two daughters of Sa’d to the Prophet (ﷺ) and said: ‘O Messenger of Allah, these are the two daughters of Sa’d. He was killed with you on the day of Uhud, and their paternal uncle has taken all that their father left behind, and a woman is only married for her wealth.’ The Prophet (ﷺ) remained silent until the Verse of inheritance was revealed to him. Then the Messenger of Allah (ﷺ) called the brother of Sa’d bin Rabi’ and said: ‘Give the two daughters of Sa’d two thirds of his wealth, and give his wife on eighth, and take what is left.’”
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊ The mentioned narration has been declared weak in its chain by our esteemed researcher, whereas other scholars have graded it as hasan. Upon detailed discussion by the scholars, the opinion that the hadith is hasan appears to be closer to correctness. Therefore, despite this narration being weak in this chain, it is actionable due to supporting evidences. For further details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad ibn Hanbal: 23/108, 109, and Sahih Sunan Abi Dawud by al-Albani, nos. 2573, 2574).
➋ The Shari‘ah has fixed a specific share in inheritance for certain heirs; such heirs are called “ashab al-furud” (holders of prescribed shares). After giving the shares to the ashab al-furud, whatever remains of the estate is given to those relatives who are called “‘asaba” (residuary heirs).
➌ If someone has only one daughter, she will receive half of the entire estate. If there are more than one daughters, then the estate will be divided into three parts and two parts will be given to them. (See: Surah al-Nisa’, verse: 11)
➍ If the deceased has both sons and daughters as heirs, then according to their number, each son will receive two shares and each daughter will receive one share. (Reference as above)
➎ If the deceased has no children, then his wife will receive one fourth of the entire estate, and if the deceased has children—as in the incident mentioned in the hadith—then the wife will receive one eighth. If there is more than one wife, then this one fourth or one eighth will be divided among all of them.
➏ The deceased’s brother is an ‘asaba (residuary heir), so after giving the shares to the ashab al-furud (the wife and daughters), whatever remains is given to him.
➐ In the incident mentioned in the hadith, the entire estate was divided into twenty-four shares, of which three shares (one eighth of the total estate) were given to the widow, sixteen shares (two thirds of the total estate) were given to the two daughters (eight shares to each daughter), and the remaining five shares were given to the brother.
➊ The mentioned narration has been declared weak in its chain by our esteemed researcher, whereas other scholars have graded it as hasan. Upon detailed discussion by the scholars, the opinion that the hadith is hasan appears to be closer to correctness. Therefore, despite this narration being weak in this chain, it is actionable due to supporting evidences. For further details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad ibn Hanbal: 23/108, 109, and Sahih Sunan Abi Dawud by al-Albani, nos. 2573, 2574).
➋ The Shari‘ah has fixed a specific share in inheritance for certain heirs; such heirs are called “ashab al-furud” (holders of prescribed shares). After giving the shares to the ashab al-furud, whatever remains of the estate is given to those relatives who are called “‘asaba” (residuary heirs).
➌ If someone has only one daughter, she will receive half of the entire estate. If there are more than one daughters, then the estate will be divided into three parts and two parts will be given to them. (See: Surah al-Nisa’, verse: 11)
➍ If the deceased has both sons and daughters as heirs, then according to their number, each son will receive two shares and each daughter will receive one share. (Reference as above)
➎ If the deceased has no children, then his wife will receive one fourth of the entire estate, and if the deceased has children—as in the incident mentioned in the hadith—then the wife will receive one eighth. If there is more than one wife, then this one fourth or one eighth will be divided among all of them.
➏ The deceased’s brother is an ‘asaba (residuary heir), so after giving the shares to the ashab al-furud (the wife and daughters), whatever remains is given to him.
➐ In the incident mentioned in the hadith, the entire estate was divided into twenty-four shares, of which three shares (one eighth of the total estate) were given to the widow, sixteen shares (two thirds of the total estate) were given to the two daughters (eight shares to each daughter), and the remaining five shares were given to the brother.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2720
Shaykh Dr. Abdur Rahman Freywai
Explanation: 1:
Assume the total inheritance is divided into 24 shares, from which:
The daughters’ share of 2/3 (two-thirds) of the total inheritance = 16 shares,
The deceased’s wife’s share of 1/8 (one-eighth) = 3 shares,
And the remainder for the brother = 5 shares.
Assume the total inheritance is divided into 24 shares, from which:
The daughters’ share of 2/3 (two-thirds) of the total inheritance = 16 shares,
The deceased’s wife’s share of 1/8 (one-eighth) = 3 shares,
And the remainder for the brother = 5 shares.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 2092
