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سنن دارمي
Darimi
من كتاب الفرائضFrom the Book of Inheritance
باب في زَوْجٍ وَأَبَوَيْنِ وَامْرَأَةٍ وَأَبَوَيْنِ:Chapter on a husband, two parents, a wife, and two parents
Hadith 2912
اُردوEn
حَدَّثَنَا حَدَّثَنَا مُحَمَّدُ بْنُ عِيسَى، حَدَّثَنَا ابْنُ إِدْرِيسَ، عَنْ أَبِيهِ، عَنْ الْفُضَيْلِ بْنِ عَمْرٍو، عَنْ إِبْرَاهِيمَ، قَالَ: خَالَفَ ابْنُ عَبَّاسٍ أَهْلَ الْقِبْلَةِ فِي امْرَأَةٍ وَأَبَوَيْنِ: "جَعَلَ لِلْأُمِّ الثُّلُثَ مِنْ جَمِيعِ الْمَالِ".
Ibrahim Nakha'i (may Allah have mercy on him) said: In the matter of wife and parents, Sayyiduna Ibn Abbas (may Allah be pleased with them both) opposed the people of the Qiblah because he allotted one third of the entire wealth to the mother.
Brief Explanation
(Commentary on Ahadith 2910 to 2912)
Sayyiduna Ibn Abbas radi Allahu anhuma specified one third of the entire wealth for the mother. All other Companions and Followers (Tabi'in) in this issue, after the share of the wife or husband, allocate one third of what remains for the mother. And as has been mentioned from Sayyiduna Ibn Abbas radi Allahu anhuma and Sayyiduna Zayd bin Thabit radi Allahu anhu, this issue was a matter of ijtihad (independent juristic reasoning), therefore some specified one third of the entire wealth for the mother, and some specified one third of what remains after both their shares. This issue is called the "Mas'alah Umariyyah," and the preferred view is that of Sayyiduna Ibn Umar radi Allahu anhuma.
Sayyiduna Ibn Abbas radi Allahu anhuma specified one third of the entire wealth for the mother. All other Companions and Followers (Tabi'in) in this issue, after the share of the wife or husband, allocate one third of what remains for the mother. And as has been mentioned from Sayyiduna Ibn Abbas radi Allahu anhuma and Sayyiduna Zayd bin Thabit radi Allahu anhu, this issue was a matter of ijtihad (independent juristic reasoning), therefore some specified one third of the entire wealth for the mother, and some specified one third of what remains after both their shares. This issue is called the "Mas'alah Umariyyah," and the preferred view is that of Sayyiduna Ibn Umar radi Allahu anhuma.
