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سنن ابن ماجه
Ibn Majah
كتاب الفرائضChapters on Shares of Inheritance
بَابُ : مِيرَاثِ الْوَلاَءِChapter: Inheritance of Wala’
Hadith 2732
اُردوEn
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ ، حَدَّثَنَا أَبُو أُسَامَةَ ، حَدَّثَنَا حُسَيْنٌ الْمُعَلِّمُ ، عَنْ عَمْرِو بْنِ شُعَيْبٍ ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ ، قَالَ : تَزَوَّجَ رِئَابُ بْنُ حُذَيْفَةَ بْنِ سَعِيدِ بْنِ سَهْمٍ أُمَّ وَائِلٍ بِنْتَ مَعْمَرٍ الْجُمَحِيَّةَ فَوَلَدَتْ لَهُ ثَلَاثَةً فَتُوُفِّيَتْ أُمُّهُمْ فَوَرِثَهَا بَنُوهَا رِبَاعًا وَوَلَاءَ مَوَالِيهَا . فَخَرَجَ بِهِمْ عَمْرُو بْنُ الْعَاصِ إِلَى الشَّامِ فَمَاتُوا فِي طَاعُونِ عَمْوَاسٍ فَوَرِثَهُمْ عَمْرُو وَكَانَ عَصَبَتَهُمْ فَلَمَّا رَجَعَ عَمْرُو بْنُ الْعَاصِ جَاءَ بَنُو مَعْمَرٍ يُخَاصِمُونَهُ فِي وَلَاءِ أُخْتِهِمْ إِلَى عُمَرَ ، فَقَالَ عُمَرُ : أَقْضِي بَيْنَكُمْ بِمَا سَمِعْتُ مِنْ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، سَمِعْتُهُ يَقُولُ : " مَا أَحْرَزَ الْوَلَدُ وَالْوَالِدُ فَهُوَ لِعَصَبَتِهِ مَنْ كَانَ " ، قَالَ : فَقَضَى لَنَا بِهِ ، وَكَتَبَ لَنَا بِهِ كِتَابًا فِيهِ شَهَادَةُ عَبْدِ الرَّحْمَنِ بْنِ عَوْفٍ وَزَيْدِ بْنِ ثَابِتٍ وَآخَرَ حَتَّى إِذَا اسْتُخْلِفَ عَبْدُ الْمَلِكِ بْنُ مَرْوَانَ تُوُفِّيَ مَوْلًى لَهَا ، وَتَرَكَ أَلْفَيْ دِينَارٍ فَبَلَغَنِي أَنَّ ذَلِكَ الْقَضَاءَ قَدْ غُيِّرَ فَخَاصَمُوهُ إِلَى هِشَامِ بْنِ إِسْمَاعِيل ، فَرَفَعَنَا إِلَى عَبْدِ الْمَلِكِ فَأَتَيْنَاهُ بِكِتَابِ عُمَرَ فَقَالَ : " إِنْ كُنْتُ لَأَرَى أَنَّ هَذَا مِنَ الْقَضَاءِ الَّذِي لَا يُشَكُّ فِيهِ وَمَا كُنْتُ أَرَى أَنَّ أَمْرَ أَهْلِ الْمَدِينَةِ بَلَغَ هَذَا أَنْ يَشُكُّوا فِي هَذَا الْقَضَاءِ فَقَضَى لَنَا فِيهِ فَلَمْ نَزَلْ بِهِ بَعْدُ " .
´It was narrated from ‘Amr bin Shu’aib, from his father, that his grandfather said:` “Rabab bin Hudhaifah (bin Sa’eed) bin Sahm married Umm Wa’il bint Ma’mar Al-Jumahiyyah, and she bore him three sons. Their mother died and her sons inherited her houses and the Wala’ of her freed slaves. ‘Amr bin ‘As took them out to Sham, and they died of the plague of ‘Amwas. ‘Amr inherited from them, and he was their ‘Asabah.* When ‘Amr came back, Banu Ma’mar came to him and they referred their dispute with him concerning the Wala’ of their sister to ‘Umar. ‘Umar said: ‘I will judge between you according to what I heard from the Messenger of Allah (ﷺ). I heard him say: “What the son or father acquires goes to his. ‘Asabah, no matter who they are.’” So he ruled in our favour and wrote a document to that effect, in which was the testimony of ‘Abdur-Rahman bin ‘Awf, Zaid bin Thabit and someone else. Then when ‘Abdul-Malik bin Marwan was appointed caliph, a freed slave of hers (Umm Wa’il’s) died, leaving behind two thousand Dinar. I heard that that ruling had been changed, so they referred the dispute to Hisham bin Isma’il. We referred the matter to ‘Abdul-Malik, and brought him the document of ‘Umar. He said: ‘I thought that this was a ruling concerning which there was no doubt. I never thought that the people of Al-Madinah would reach such a state that they would doubt this ruling. So he ruled in our favour, and it remained like that afterwards.”
Related hadith on this topic
Brief Explanation
1؎: The rule of walā’ is that whatever remains from the estate of this slave or slave-girl after the shares of the fixed heirs (dhawi al-furūḍ) will go to the emancipator. If there is no one among the fixed heirs nor among the close agnates (‘aṣabāt), then the entire estate will go to the emancipator. And when, on one occasion, the walā’ of Umm Wā’il’s slaves passed into her in-laws due to her sons, then it would never again return to the family of Umm Wā’il, just as ‘Umar radi Allahu anhu ruled.
Explanation & Benefits
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
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
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
