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سنن دارمي
Darimi
من كتاب الفرائضFrom the Book of Inheritance
باب الأَكْدَرِيَّةِ: زَوْجٌ وَأُخْتٌ لأَبٍ وَأُمٍّ وَجَدٌّ وَأُمٌّ:Chapter on the Akdariyya case: husband, full sister, grandfather, and mother
Hadith 2964
اُردوEn
أَخْبَرَنَا سَعِيدُ بْنُ عَامِرٍ، عَنْ هَمَّامٍ، عَنْ قَتَادَةَ: أَنَّ زَيْدَ بْنَ ثَابِتٍ قَالَ فِي أُخْتٍ، وَأُمٍّ، ٍّوَزَوْجٍ، وَجَدٍّ، قَالَ: "جَعَلَهَا مِنْ سَبْعٍ وَعِشْرِينَ: لِلْأُمِّ سِتَّةٌ، وَلِلزَّوْجِ تِسْعَةٌ، وَلِلْجَدِّ ثَمَانِيَةٌ، وَلِلْأُخْتِ أَرْبَعَةٌ.
Qatadah (may Allah have mercy on him) said: Sayyiduna Zayd bin Thabit (may Allah be pleased with him) divided the inheritance of a sister, mother, husband, and grandfather from twenty-seven shares, and gave the mother six, the husband nine, the grandfather eight, and the sister four shares.
Brief Explanation
(Commentary on Hadith 2963)
This issue pertains to ‘adl (adjustment) and is famous by the name “Akdariyyah.” This issue is mentioned separately because, as a rule, a sister is not a fixed-share (sahibah al-fard) heir alongside the grandfather; rather, she is considered a residuary (asaba) with her brother. However, in this issue, she is considered a fixed-share heir and given half of the estate, then the shares of the grandfather and the sister are combined and divided by way of muqasamah (sharing). In this situation, instead of half, the sister inherits one-sixth, and the grandfather inherits one-third of the estate, contrary to what was initially assumed (before muqasamah). Thus, the sister’s share becomes “mudakkar” (diminished), meaning that despite being larger in principle, it becomes less in practice. The reason for the naming “Akdariyyah” is said to be that this aforementioned solution “mudakkar” (diminished) the opinion of Sayyiduna Zayd ibn Thabit radi Allahu anhu. Some have said that the woman who asked about this issue belonged to the tribe of Akdariyyah.
[منهاج المسلم ، ص: 681-682]
It should be clear that ‘adl (adjustment) is a well-known method, which means: the shares of the fixed-share heirs (ashab al-furud) exceed the original estate.
In the above-mentioned issue, the original estate will be calculated from 6: half for the husband, one-third for the two mothers, half (3) for the sister, and one-sixth (1) for the grandfather. After ‘adl (adjustment), the estate will be divided into nine shares instead of six. Then the grandfather will demand muqasamah (sharing) with the sister; therefore, considering the grandfather as a brother, his one share and the sister’s three shares are combined, making four shares, which are then divided between the sister and the grandfather according to the rule of «للذكر مثل حظ الأنثيين».
. . . 6 . . . 9 . . . 27
Husband . . . 3 . . . 3 . . . 9
Mother . . . 2 . . . 2 . . . 6
Sister . . . 2 . . . 3 . . . 4
Grandfather . . . 1 . . . 1 . . . 8
This issue pertains to ‘adl (adjustment) and is famous by the name “Akdariyyah.” This issue is mentioned separately because, as a rule, a sister is not a fixed-share (sahibah al-fard) heir alongside the grandfather; rather, she is considered a residuary (asaba) with her brother. However, in this issue, she is considered a fixed-share heir and given half of the estate, then the shares of the grandfather and the sister are combined and divided by way of muqasamah (sharing). In this situation, instead of half, the sister inherits one-sixth, and the grandfather inherits one-third of the estate, contrary to what was initially assumed (before muqasamah). Thus, the sister’s share becomes “mudakkar” (diminished), meaning that despite being larger in principle, it becomes less in practice. The reason for the naming “Akdariyyah” is said to be that this aforementioned solution “mudakkar” (diminished) the opinion of Sayyiduna Zayd ibn Thabit radi Allahu anhu. Some have said that the woman who asked about this issue belonged to the tribe of Akdariyyah.
[منهاج المسلم ، ص: 681-682]
It should be clear that ‘adl (adjustment) is a well-known method, which means: the shares of the fixed-share heirs (ashab al-furud) exceed the original estate.
In the above-mentioned issue, the original estate will be calculated from 6: half for the husband, one-third for the two mothers, half (3) for the sister, and one-sixth (1) for the grandfather. After ‘adl (adjustment), the estate will be divided into nine shares instead of six. Then the grandfather will demand muqasamah (sharing) with the sister; therefore, considering the grandfather as a brother, his one share and the sister’s three shares are combined, making four shares, which are then divided between the sister and the grandfather according to the rule of «للذكر مثل حظ الأنثيين».
. . . 6 . . . 9 . . . 27
Husband . . . 3 . . . 3 . . . 9
Mother . . . 2 . . . 2 . . . 6
Sister . . . 2 . . . 3 . . . 4
Grandfather . . . 1 . . . 1 . . . 8
