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سنن دارمي
Darimi
من كتاب الفرائضFrom the Book of Inheritance
باب قَوْلِ عَلِيٍّ وَعَبْدِ اللَّهِ وَزَيْدٍ في الرَّدِّ:Chapter on the opinions of Ali, Abdullah, and Zayd regarding return of inheritance
Hadith 2981
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ يُوسُفَ، حَدَّثَنَا سُفْيَانُ، عَنْ مُحَمَّدِ بْنِ سَالِمٍ، عَنْ الشَّعْبِيِّ، أَنَّ ابْنَ مَسْعُودٍ كَانَ لَا يَرُدُّ عَلَى أَخٍ لِأُمٍّ مَعَ أُمٍّ، وَلا عَلَى جَدَّةٍ، إِذَا كَانَ مَعَهَا غَيْرُهَا مَنْ لَهُ فَرِيضَةٌ، وَلَا عَلَى ابْنَةِ ابْنٍ، مَعَ ابْنَةِ الصُّلْبِ، وَلَا عَلَى امْرَأَةٍ وَزَوْج . وَكَانَ عَلِيٌّ "يَرُدُّ عَلَى كُلِّ ذِي سَهْمٍ، إِلَّا الْمَرْأَةَ وَالزَّوْجَ" ..
It is narrated from Imam Sha’bi (may Allah have mercy on him) that Sayyiduna Ibn Mas’ud (may Allah be pleased with him) would not return the remainder of the inheritance to the paternal brother along with the mother, nor would he return the remainder of the wealth to the grandmother when there was a rightful heir present with her, nor would he return the remainder to the granddaughter when the real daughter was present, nor would he return it to the wife or husband. And Sayyiduna Ali (may Allah be pleased with him) would return the remainder to every rightful heir except the wife and husband.
Brief Explanation
(Commentary on Ahadith 2977 to 2981)
This issue concerns the remainder of the estate after the creditors have been given their due: to whom should the leftover wealth from the inheritance be given? Some would return it to the ashab al-siham (the fixed-share heirs), while some of the Companions held the opinion that whatever remains should be given to the Bayt al-Mal (public treasury). Sayyiduna Zayd radi Allahu anhu was among those who held this view.
As will be mentioned ahead.
This issue concerns the remainder of the estate after the creditors have been given their due: to whom should the leftover wealth from the inheritance be given? Some would return it to the ashab al-siham (the fixed-share heirs), while some of the Companions held the opinion that whatever remains should be given to the Bayt al-Mal (public treasury). Sayyiduna Zayd radi Allahu anhu was among those who held this view.
As will be mentioned ahead.
