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مسند اسحاق بن راهويه
Musnad Ishaq
كتاب الفرائضBook of Inheritance
Maternal uncle's right to inheritance explained
Hadith 736
اُردوEn
أَخْبَرَنَا عَمْرُو بْنُ مُحَمَّدٍ، وَيَحْيَى بْنُ آدَمَ، قَالَا: نا شَرِيكٌ، عَنْ لَيْثٍ، عَنْ أَبِي هُبَيْرَةَ، وَهُوَ يَحْيَى بْنُ عَبَّادٍ، عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ، عَنْ رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: ((الْخَالُ وَارِثٌ)) .
Sayyiduna Abu Huraira (may Allah be pleased with him) narrated from the Messenger of Allah (peace and blessings be upon him), he (peace be upon him) said: "The maternal uncle is an heir."
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
In another hadith it is stated: ((اَلْخَالُ وَارِثٌ مَّنْ لَا وَارِثَ لَهٗ))... “That is, the maternal uncle (khāl) is the heir of the one who has no heir (from among the people of fixed shares or agnatic relatives).”
From the aforementioned hadith, it is understood that dhawu al-arham (relatives through female links) also become heirs. There are three categories of heirs:
(1) People of fixed shares (ashab al-furud). (2) Agnatic relatives (‘asaba). (3) Dhawu al-arham (relatives through female links).
Ashab al-furud are those heirs whose shares have been specified in the Qur’an and Sunnah. They are a total of twelve individuals: four men and eight women:
(1) Husband. (2) Father. (3) Paternal grandfather. (4) Maternal brother.
(1) Wife. (2) Mother. (3) Paternal grandmother and maternal grandmother. (4) Daughter. (5) Granddaughter, great-granddaughter. (6) Full sister. (7) Paternal sister. (8) Maternal sister, etc.
‘Asaba: These are the close relatives of the deceased whose shares are not specified, but who take what remains after the people of fixed shares. Also, their connection to the deceased is not through a woman. For example: paternal uncle, nephew, paternal cousin.
Dhawu al-arham: These are the close relatives of the deceased who are neither from the people of fixed shares nor from the agnatic relatives, and their connection is through a woman. For example: maternal uncle, sister’s son (nephew), daughter’s son (grandson). In the absence of agnatic relatives, they become heirs. There is a difference of opinion among the scholars regarding the inheritance of dhawu al-arham.
Imam Abu Hanifah and Imam Ahmad rahimahullah have said that in the absence of the people of fixed shares and agnatic relatives, dhawu al-arham will become heirs. This is also the position of Sayyiduna ‘Umar, Sayyiduna ‘Ali, Sayyiduna Ibn Mas‘ud, and Sayyiduna Ibn ‘Abbas radi Allahu anhum.
Imam Malik and Imam Shafi‘i rahimahullah have said that in the absence of the people of fixed shares and agnatic relatives, dhawu al-arham will not become heirs. (Kitab al-Umm: 4/74. Al-Mughni: 7/82. Al-Muhalla: 9/322)
However, in light of the hadith, the first position is the stronger one.
In another hadith it is stated: ((اَلْخَالُ وَارِثٌ مَّنْ لَا وَارِثَ لَهٗ))... “That is, the maternal uncle (khāl) is the heir of the one who has no heir (from among the people of fixed shares or agnatic relatives).”
From the aforementioned hadith, it is understood that dhawu al-arham (relatives through female links) also become heirs. There are three categories of heirs:
(1) People of fixed shares (ashab al-furud). (2) Agnatic relatives (‘asaba). (3) Dhawu al-arham (relatives through female links).
Ashab al-furud are those heirs whose shares have been specified in the Qur’an and Sunnah. They are a total of twelve individuals: four men and eight women:
(1) Husband. (2) Father. (3) Paternal grandfather. (4) Maternal brother.
(1) Wife. (2) Mother. (3) Paternal grandmother and maternal grandmother. (4) Daughter. (5) Granddaughter, great-granddaughter. (6) Full sister. (7) Paternal sister. (8) Maternal sister, etc.
‘Asaba: These are the close relatives of the deceased whose shares are not specified, but who take what remains after the people of fixed shares. Also, their connection to the deceased is not through a woman. For example: paternal uncle, nephew, paternal cousin.
Dhawu al-arham: These are the close relatives of the deceased who are neither from the people of fixed shares nor from the agnatic relatives, and their connection is through a woman. For example: maternal uncle, sister’s son (nephew), daughter’s son (grandson). In the absence of agnatic relatives, they become heirs. There is a difference of opinion among the scholars regarding the inheritance of dhawu al-arham.
Imam Abu Hanifah and Imam Ahmad rahimahullah have said that in the absence of the people of fixed shares and agnatic relatives, dhawu al-arham will become heirs. This is also the position of Sayyiduna ‘Umar, Sayyiduna ‘Ali, Sayyiduna Ibn Mas‘ud, and Sayyiduna Ibn ‘Abbas radi Allahu anhum.
Imam Malik and Imam Shafi‘i rahimahullah have said that in the absence of the people of fixed shares and agnatic relatives, dhawu al-arham will not become heirs. (Kitab al-Umm: 4/74. Al-Mughni: 7/82. Al-Muhalla: 9/322)
However, in light of the hadith, the first position is the stronger one.
Source: Musnad Ishaq bin Rahwayh, Page: 736
