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مسند الحميدي
Musnad Humaydi
Hadiths of Imran bin Husayn (may Allah be pleased with him)
Hadith Number 852
Hadith 852
اُردوEn
852 - حَدَّثَنَا الْحُمَيْدِيُّ قَالَ: ثنا سُفْيَانُ، قَالَ: ثنا أَرْبَعَةٌ أَوْ خَمْسَةٌ مِنْهُمْ عَلِيُّ بْنُ زَيْدِ بْنِ جُدْعَانَ، عَنِ الْحَسَنِ، عَنْ عِمْرَانَ بْنِ حُصَيْنٍ، أَنَّ رَجُلًا أَعْتَقَ سِتَّةَ مَمْلُوكِينَ لَهُ عِنْدَ مَوْتِهِ لَيْسَ لَهُ مَالٌ غَيْرَهُمْ، فَأَقْرَعَ النَّبِيُّ صَلَّي اللهُ عَلَيْهِ وَسَلَّمَ بَيْنَهُمْ فَأَعْتَقَ اثْنَيْنِ وَأَرَقَّ أَرْبَعَةً، وَقَالَ: «لَوْ أَدْرَكْتُهُ مَا صَلَّيْتُ عَلَيْهِ»
Sayyiduna Imran bin Husayn (may Allah be pleased with him) narrates: A man, when near death, freed his six slaves. That man had no wealth other than those slaves, so the Prophet Muhammad (peace and blessings be upon him) drew lots among the slaves and freed two of them, leaving four as slaves. The Prophet Muhammad (peace and blessings be upon him) said: "If I reach him, I will not perform his funeral prayer."
Related hadith on this topic
Explanation & Benefits
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
From this it is understood that making a bequest (wasiyyah) for up to one third is permissible, and likewise, it is permissible to spend up to one third of one’s wealth. If someone says something incorrect, it should not be acted upon.
From this it is understood that making a bequest (wasiyyah) for up to one third is permissible, and likewise, it is permissible to spend up to one third of one’s wealth. If someone says something incorrect, it should not be acted upon.
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 852
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊ It has been mentioned in the Book of Bequests (Kitab al-Wasaya) that a person is not permitted to make a bequest (wasiyyah) for more than one third of his wealth. On this basis, in the aforementioned incident, the invalid bequest of that person was annulled and action was taken in accordance with the Shariah.
➋ It is the duty of the Commander of the Faithful (Amir al-Mu'minin) and the Muslim governors to keep watch over all the affairs of the Muslim public, so that opposition to the Shariah does not occur anywhere.
➌ An invalid bequest should be annulled and action should be taken in accordance with the Shariah.
➊ It has been mentioned in the Book of Bequests (Kitab al-Wasaya) that a person is not permitted to make a bequest (wasiyyah) for more than one third of his wealth. On this basis, in the aforementioned incident, the invalid bequest of that person was annulled and action was taken in accordance with the Shariah.
➋ It is the duty of the Commander of the Faithful (Amir al-Mu'minin) and the Muslim governors to keep watch over all the affairs of the Muslim public, so that opposition to the Shariah does not occur anywhere.
➌ An invalid bequest should be annulled and action should be taken in accordance with the Shariah.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3958
