Hadith 3672

أَخْبَرَنَا إِسْمَاعِيل بْنُ مَسْعُودٍ ، قَالَ : حَدَّثَنَا خَالِدٌ ، قَالَ : حَدَّثَنَا سَعِيدٌ ، قَالَ : حَدَّثَنَا قَتَادَةُ ، عَنْ شَهْرِ بْنِ حَوْشَبٍ ، أَنَّ ابْنَ غُنْمٍ ذَكَرَ ، أَنَّ ابْنَ خَارِجَةَ ذَكَرَ لَهُ ، أَنَّهُ شَهِدَ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، يَخْطُبُ النَّاسَ عَلَى رَاحِلَتِهِ ، وَإِنَّهَا لَتَقْصَعُ بِجَرَّتِهَا ، وَإِنَّ لُعَابَهَا لَيَسِيلُ ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي خُطْبَتِهِ : " إِنَّ اللَّهَ قَدْ قَسَّمَ لِكُلِّ إِنْسَانٍ قِسْمَهُ مِنَ الْمِيرَاثِ ، فَلَا تَجُوزُ لِوَارِثٍ وَصِيَّةٌ " .
´It was narrated from Shahr bin Hawshab that Ibn Ghanm mentioned that Ibn Kharijah told him that he saw the Messenger of Allah addressing the people from atop his mount, which was chewing its cud and its saliva was dripping down. The Messenger of Allah said in his Khutbah:` "Allah has given each person a share of the inheritance, and it is not permissible to give bequests to an heir."
Hadith Reference سنن نسائي / كتاب الوصايا / 3672
Hadith Grading الألبانی: صحيح  |  زبیر علی زئی: حسن
Hadith Takhrij «(تحفة الأشراف: 10731)، انظر ما قبلہ (صحیح)»
Explanation & Benefits
Hafiz Muhammad Ameen
(1) "Saliva was dripping"—this implies that he was standing beneath the neck of the she-camel. It is possible that, out of respect, he was holding the rein.

(2) "To every person"—that is, to whomever was considered eligible for inheritance. Most heirs are mentioned in the Noble Qur'an. The shares of some heirs are mentioned in the hadiths, for example: the share of the paternal grandmother and maternal grandmother. The attribution of all these shares is to Allah Ta'ala alone, because hadith too is revelation.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3672
Maulana Ataullah Sajid
Benefits and Issues:


The relatives whose shares Allah Almighty has determined in the inheritance must be given their prescribed share.


For those relatives who do not have a share in the inheritance, it is better to make an appropriate bequest (wasiyyah) in their favor.


Some people object to the Shariah system of inheritance by raising the issue of the orphaned grandson’s inheritance, for example:
A person passes away, he has one son alive, the other son has already died, but the deceased son has a son who is now the grandson of the deceased.
According to the principles of inheritance, this grandson is deprived because, in the presence of a nearer agnate (asaba), the more distant agnate relative is deprived.
To alter the law revealed by Allah Almighty for such rare and exceptional cases is a great audacity.
There is a solution for this in Shariah:
That the deceased should make a bequest (wasiyyah) in favor of his non-heir grandson.
If there is no bequest, then it is recommended for the heirs—and according to some scholars, obligatory—that the heirs give some share of the inheritance to the deprived grandsons and others.
The verse of the Noble Qur’an:
﴿ وَإِذا حَضَرَالقِسمَةَ أُولُوا القُر‌بى وَاليَتـمى وَالمَسـكينُ فَارزُقوهُم مِنهُ﴾ (an-Nisa: 4/8)
“When the relatives, orphans, and the needy are present at the time of division (of inheritance), give them something out of it.”
also supports this.
Most people consider this Qur’anic command as merely a moral instruction and completely ignore their very close relatives (such as nephews, etc.), due to which the Islamic law of inheritance becomes a target of criticism and objection, whereas there is nothing in it that can be pointed out as blameworthy.
If uncles and paternal uncles deal with their nephews and others with compassion, sympathy, and maintaining family ties—as Islamic teachings demand—then in an Islamic society, the issue of the inheritance or deprivation of grandsons and others would not even arise, because their deprivation from inheritance can be amicably compensated on the basis of maintaining family ties.
Moreover, it is astonishing that such objections are often raised by non-Muslims, among whom there is no principle or rule of inheritance at all, except that the eldest son or daughter of the deceased becomes the sole owner of the entire estate, even if it is worth millions.
The rest of the deceased’s children are completely deprived, even though, as children, they have an equal right.
For those who follow such an extremely unjust custom, to find a single clause in Islam’s most just system of inheritance and raise baseless objections to it, and thus try to declare the entire Shariah as impracticable, is not a reasonable approach.
It is regrettable that some so-called Muslims, influenced by non-Muslims, begin to speak in the same way and put their own faith at risk.


The wisdom in prohibiting bequests in favor of heirs is that if the bequest is in accordance with the Qur’an and Sunnah, then there is no need for a bequest, because those heirs will receive their prescribed share according to Shariah, whether a bequest is made or not. And if the bequest is contrary to the Qur’an and Sunnah, then acting upon such a bequest is not permissible.
Thus, it is null and void.


The clarification that the child belongs to the (owner of) the bed has already been discussed in Hadith: 2004.


The relationship of lineage (nasab) is an unchangeable relationship; for this reason, in Islam, attributing an adopted son (mutabanna) to oneself instead of his real father, and zihar (declaring one’s wife as one’s mother or sister), is not only unlawful but a sin.


The relationship of wala’ (emancipation) is also unchangeable; the one who has freed someone should be called his freedman (mawla).
To forget the favor of the emancipator and call someone else the mawla is a great sin.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2712
Hafiz Muhammad Ameen
In the early period, children would become heirs. Bequests (wasiyyah) were made for parents and other relatives; their share was not fixed. During that era, this verse was revealed: ﴿كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُبِالْمَعْرُوفِ﴾ “It has been prescribed for you that when death approaches any of you, if he leaves behind wealth, he should make a bequest for parents and relatives in a reasonable manner.” Thereafter, Allah, the Exalted, in Surah al-Nisa, fixed the shares for parents, children, husband, wife, and siblings. Therefore, now there is no longer a need for bequest (wasiyyah) in these cases. Rarely, if among a person’s survivors there is a needy individual who is not an heir, then a bequest can be made for him. However, for an heir, neither can a bequest be made for more than the prescribed share nor for less. Whatever has been fixed, that alone will be given. This matter has been clarified by this hadith. Now, whether one says that this hadith has abrogated the first verse, or that the verse specifying the shares has abrogated the first verse but the abrogation is mentioned in this hadith—either way, the issue is agreed upon: neither can the share of an heir be increased nor decreased. To deprive (an heir) is out of the question.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3671
Shaykh Safi ur-Rahman Mubarakpuri
Lexical Explanation:
«بِمِنٌى» is with tanween. By this is meant the place near Makkah al-Mukarramah where the sacrificial animals are slaughtered, which is among the most well-known rites of Hajj.

«لُعَابهَُا» is with a dammah on the “lam.” It refers to the saliva that drips from the mouth in the form of water.

Benefit:
This hadith is evidence that the saliva of those animals whose meat is permissible to eat is pure.

Narrator of the Hadith:
SR Sayyiduna Amr ibn Kharijah ibn Muntafiq al-Asadi radi Allahu anhu. According to some, he was Ash‘ari, according to another, Ansari, and according to yet another, from the Jam‘ tribe. He was an ally of Abu Sufyan. He is more widely known to be Ash‘ari. He is a well-known Companion... radi Allahu anhu... He settled in al-Sham. His hadith is narrated by the people of Basrah.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 24