Toggle above to switch between keyword search and direct hadith lookup
سنن دارمي
Darimi
من كتاب الفرائضFrom the Book of Inheritance
باب في ابْنَيْ عَمٍّ أَحَدُهُمَا زَوْجٌ وَالآخَرُ أَخٌ لأُمٍّ:Chapter on two paternal cousins, one a husband and the other a maternal brother
Hadith 2923
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ يُوسُفَ، حَدَّثَنَا سُفْيَانُ، عَنْ أَبِي إِسْحَاق، عَنْ الْحَارِثِ، عَنْ عَلِي: أَنَّهُ أُتِيَ فِي ابْنَيْ عَمٍّ أَحَدُهُمَا أَخٌ لِأُمٍّ، فَقِيلَ لِعَلِيٍّ: إِنَّ ابْنَ مَسْعُودٍ كَانَ يُعْطِيهِ الْمَالَ كُلَّهُ، فَقَالَ عَلِيٌّ رَضِيَ اللَّهُ عَنْهُ: إِنْ كَانَ لَفَقِيهًا، وَلَوْ كُنْتُ أَنَا "أَعْطَيْتُهُ السُّدُسَ، وَمَا بَقِيَ كَانَ بَيْنَهُمْ".
Harith al-A'war narrated that a case regarding Banu 'Am was brought to Sayyiduna Ali (may Allah be pleased with him), among whom one was his maternal brother. Sayyiduna Ali (may Allah be pleased with him) was informed that Sayyiduna Ibn Mas'ud (may Allah be pleased with him) had made him the heir of the entire wealth. Sayyiduna Ali (may Allah be pleased with him) said: He is indeed a jurist, but if I were in his place, I would have given him one-sixth, and whatever remained, I would have distributed among all the Banu 'Am.
Brief Explanation
(Commentary on Hadiths 2921 to 2923)
The scenario of this issue is as follows: A man married a woman and had a son with her. Then he married a second woman and had a son with her as well. Then he divorced this second woman, and she married the brother of her first husband, and from him also had a son, who thus became both her maternal brother and her cousin (paternal uncle’s son). Then this person passed away, leaving behind the Banu ‘Am (paternal cousins), among whom was a maternal brother. In this situation, Sayyiduna Ali radi Allahu anhu considered this maternal brother to be entitled to only one-sixth of the inheritance, because the divine command is: «﴿وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ .....﴾ [النساء : 12]». In Sahih Bukhari, this issue is mentioned in a suspended (mu‘allaq) form as follows: The husband’s share is one-half, the maternal brother’s share is one-sixth, and whatever remains is to be divided equally between the two of them.
This was also the ruling of Sayyiduna Ali radi Allahu anhu, which is closer to correctness and is the position of the majority (jumhur). Sayyiduna Zayd ibn Thabit radi Allahu anhu also said the same. What Sayyiduna Abdullah ibn Mas‘ud radi Allahu anhu said—that the entire estate belongs to the maternal brother—means that after giving the husband his half share, whatever remains goes entirely to the maternal (from the same mother) brother. This opinion is less preferred (marjuh).
And the meaning of “account” is that the share which Allah has prescribed for him.
It is also narrated from Qadi Shurayh rahimahullah in accordance with the statement of Sayyiduna Ibn Mas‘ud radi Allahu anhu, with whom Sayyiduna Ali radi Allahu anhu debated and convinced him. Therefore, the statement of Sayyiduna Ali radi Allahu anhu is the stronger and more acceptable one. And Allah knows best.
For details, see [التعليق المغني على سنن الدار قطني 87/4 ، 240/6].
The scenario of this issue is as follows: A man married a woman and had a son with her. Then he married a second woman and had a son with her as well. Then he divorced this second woman, and she married the brother of her first husband, and from him also had a son, who thus became both her maternal brother and her cousin (paternal uncle’s son). Then this person passed away, leaving behind the Banu ‘Am (paternal cousins), among whom was a maternal brother. In this situation, Sayyiduna Ali radi Allahu anhu considered this maternal brother to be entitled to only one-sixth of the inheritance, because the divine command is: «﴿وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ .....﴾ [النساء : 12]». In Sahih Bukhari, this issue is mentioned in a suspended (mu‘allaq) form as follows: The husband’s share is one-half, the maternal brother’s share is one-sixth, and whatever remains is to be divided equally between the two of them.
This was also the ruling of Sayyiduna Ali radi Allahu anhu, which is closer to correctness and is the position of the majority (jumhur). Sayyiduna Zayd ibn Thabit radi Allahu anhu also said the same. What Sayyiduna Abdullah ibn Mas‘ud radi Allahu anhu said—that the entire estate belongs to the maternal brother—means that after giving the husband his half share, whatever remains goes entirely to the maternal (from the same mother) brother. This opinion is less preferred (marjuh).
And the meaning of “account” is that the share which Allah has prescribed for him.
It is also narrated from Qadi Shurayh rahimahullah in accordance with the statement of Sayyiduna Ibn Mas‘ud radi Allahu anhu, with whom Sayyiduna Ali radi Allahu anhu debated and convinced him. Therefore, the statement of Sayyiduna Ali radi Allahu anhu is the stronger and more acceptable one. And Allah knows best.
For details, see [التعليق المغني على سنن الدار قطني 87/4 ، 240/6].
