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Hadith 740
اُردوEn
اَخْبَرَنا عَبْدُاللّٰهِ بْنُ شَیْرَوَیْهٖ، نَا عَبْدُاللّٰهِ بْنُ مُعَاوِیَةَ الْجُمَحِیُّ، نَا وُهَیْبٌ بِهَذَا الْاِسْنَادِ نَحْوَهٗ، قَالَ اِسْحَاقُ: یَعْنِیْ مِنْ قَبْلِ الذَّکَرِ، لِاَنَّ الْعَصَبَةَ لَا تَکُوْنُ مِنْهُمْ.
Wuhaib narrated with this chain in a similar manner, Ishaq (may Allah have mercy on him) stated: That is, from the man’s side, because ‘Asabah will not be from among them.
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
There are three categories of heirs:
(1)... Ashab al-Furud (holders of prescribed shares). (2)... Asabah (agnatic heirs). (3)... Dhawul Arham (uterine relatives).
Ashab al-Furud: These are those whose shares have been fixed in the Qur’an and Hadith. And they are a total of twelve individuals. Among the four men: husband, father, grandfather, maternal brother. Among the eight women: (1) wife, (2) mother, (3) paternal grandmother/maternal grandmother (sahiha), (4) daughter, (5) granddaughter/great-granddaughter, (6) full sister, (7) paternal sister, (8) maternal sister.
By “li-awla dhakar” is meant the closest male relative, i.e., the agnatic relatives (asabah), as Imam Khattabi rahimahullah has stated.
(Ma’alim al-Sunan: 4/97)
And asabah refers to those relatives of the deceased whose share is not fixed, but who take the remainder of the estate after the Ashab al-Furud, and in their absence, inherit the entire estate.
(Al-Fara’id, p. 36)
And among them, first come the sons, then grandsons and great-grandsons, then the father, grandfather and so on upwards, then brothers, then nephews, then paternal uncles and their descendants.
There are three categories of heirs:
(1)... Ashab al-Furud (holders of prescribed shares). (2)... Asabah (agnatic heirs). (3)... Dhawul Arham (uterine relatives).
Ashab al-Furud: These are those whose shares have been fixed in the Qur’an and Hadith. And they are a total of twelve individuals. Among the four men: husband, father, grandfather, maternal brother. Among the eight women: (1) wife, (2) mother, (3) paternal grandmother/maternal grandmother (sahiha), (4) daughter, (5) granddaughter/great-granddaughter, (6) full sister, (7) paternal sister, (8) maternal sister.
By “li-awla dhakar” is meant the closest male relative, i.e., the agnatic relatives (asabah), as Imam Khattabi rahimahullah has stated.
(Ma’alim al-Sunan: 4/97)
And asabah refers to those relatives of the deceased whose share is not fixed, but who take the remainder of the estate after the Ashab al-Furud, and in their absence, inherit the entire estate.
(Al-Fara’id, p. 36)
And among them, first come the sons, then grandsons and great-grandsons, then the father, grandfather and so on upwards, then brothers, then nephews, then paternal uncles and their descendants.
Source: Musnad Ishaq bin Rahwayh, Page: 740
