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سنن دارمي
Darimi
من كتاب الفرائضFrom the Book of Inheritance
باب في الْمُشَرَّكَةِ:Chapter on a polytheist woman
Hadith 2916
اُردوEn
حَدَّثَنَا حَدَّثَنَا مُحَمَّدُ بْنُ يُوسُفَ، حَدَّثَنَا سُفْيَانُ، عَنْ مَنْصُورٍ، وَالْأَعْمَشِ، عَنْ إِبْرَاهِيمَ: فِي زَوْجٍ، وَأُمٍّ، وَإِخْوَةٍ لِأَبٍ وَأُم، وَإِخْوَةٍ لِأُمٍّ، قَالَ: كَانَ عُمَر، وَعَبْدُ اللَّه، ِوَزَيْدٌ يُشَرِّكُونَ، وَقَالَ عُمَرُ: "لَمْ يَزِدْهُمْ الْأَبُ إِلَّا قُرْبًا".
It is narrated from Imam Ibrahim Nakha'i, may Allah have mercy on him, regarding the husband, mother, and full and maternal brothers, that he said: Sayyiduna Umar, Sayyiduna Abdullah bin Mas'ud, and Sayyiduna Zaid, may Allah be pleased with them, used to include all brothers in the share of inheritance, and Sayyiduna Umar, may Allah be pleased with him, said: The father brings the full brothers closer than the maternal brothers.
Brief Explanation
(Commentary on Hadiths 2914 to 2916)
Brothers and sisters are of three types: (1) Full siblings: those whose mother and father are both the same, (2) Consanguine (paternal) siblings: those whose father is the same but mothers are different, (3) Uterine (maternal) siblings: those whose mother is the same but fathers are different.
And by ‘asaba’ (agnates) is meant those relatives whose shares have not been fixed in the Book and the Sunnah; in various situations, whatever remains from the inheritance after the fixed shares are distributed among the heirs, it goes to them. Among these asaba are brothers, who, in the presence of other heirs, inherit whatever remains. According to some scholars, only full brothers will be considered asaba and take a share, while according to some Companions (radi Allahu anhum) and Followers (tabi‘in), full, maternal, and paternal brothers all participate in this matter and take their respective shares. For this reason, this issue has been named ‘Musharaka’ (the sharing).
In the aforementioned scenario which is mentioned in the athar (narration), a woman left behind her husband, mother, full brother, and maternal brother, so the division will be as follows:
Husband . . . . 3 . . . . one-half (nisf)
Mother . . . . 1 . . . . one-sixth (sudus)
Full brother . . . . 2 . . . . one-third (thulth)
Maternal brother . . . . whatever remains, will be equally divided among all the brothers.
Brothers and sisters are of three types: (1) Full siblings: those whose mother and father are both the same, (2) Consanguine (paternal) siblings: those whose father is the same but mothers are different, (3) Uterine (maternal) siblings: those whose mother is the same but fathers are different.
And by ‘asaba’ (agnates) is meant those relatives whose shares have not been fixed in the Book and the Sunnah; in various situations, whatever remains from the inheritance after the fixed shares are distributed among the heirs, it goes to them. Among these asaba are brothers, who, in the presence of other heirs, inherit whatever remains. According to some scholars, only full brothers will be considered asaba and take a share, while according to some Companions (radi Allahu anhum) and Followers (tabi‘in), full, maternal, and paternal brothers all participate in this matter and take their respective shares. For this reason, this issue has been named ‘Musharaka’ (the sharing).
In the aforementioned scenario which is mentioned in the athar (narration), a woman left behind her husband, mother, full brother, and maternal brother, so the division will be as follows:
Husband . . . . 3 . . . . one-half (nisf)
Mother . . . . 1 . . . . one-sixth (sudus)
Full brother . . . . 2 . . . . one-third (thulth)
Maternal brother . . . . whatever remains, will be equally divided among all the brothers.
