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سنن دارمي
Darimi
من كتاب الفرائضFrom the Book of Inheritance
باب الْعَصَبَةِ:Chapter on agnatic heirs (asaba)
Hadith 3015
اُردوEn
أَخْبَرَنَا يَزِيدُ بْنُ هَارُونَ، أَنْبَأَنَا هِشَامٌ، عَنْ مُحَمَّدٍ، عَنْ عَبْدِ اللَّهِ بْنِ عُتْبَةَ، قَالَ: حَدَّثَنِي الضَّحَّاكُ بْنُ قَيْسٍ: أَنَّ عُمَرَ قَضَى فِي أَهْلِ طَاعُونِ عَمَوَاسَ أَنَّهُمْ كَانُوا إِذَا كَانُوا مِنْ قِبَلِ الْأَبِ سَوَاءً، فَبَنُو الْأُمِّ أَحَقُّ، وَإِذَا كَانَ بَعْضُهُمْ أَقْرَبَ مِنْ بَعْضٍ بِأَبٍ، فَهُمْ أَحَقُّ بِالْمَالِ".
Dahhak bin Qais narrated that Sayyiduna Umar (may Allah be pleased with him) made a decision regarding inheritance during the plague of Amwas (or the first plague that occurred in the era of Islam): that the heirs who are children from the father's side will all be equal in rank, but those from the mother's side will have more right, and among the heirs, whoever is closer to the father will have more right to the wealth.
Brief Explanation
(Commentary on Hadith 3014)
During the era of Sayyiduna Umar radi Allahu anhu, a plague spread in a place called Amwas, resulting in the extinction of entire families and tribes, leaving no heirs for the wealth. The governor of that place wrote to Amir al-Mu’minin, Sayyiduna Umar ibn al-Khattab radi Allahu anhu, asking what should be done with the wealth and inheritance of those who had perished. Amir al-Mu’minin replied that if close relatives of the father and mother were present, the wealth should be distributed among them, who are called ‘asaba (agnates).
That is, an ‘asib (agnate) is a person whose share is not specified in the Noble Qur’an, and in the absence of other heirs, he takes the entire wealth, or after the shares of the sharers (ashab al-furud) have been allocated, whatever remains goes to him.
There are two types of ‘asaba: ‘asaba by lineage (bil-nasab) and ‘asaba by cause (bil-sabab). ‘Asaba by cause is when a person frees someone and the freed person has no heirs, then the emancipator becomes entitled to all his wealth. ‘Asaba by lineage are of three kinds: (1) ‘Asaba by himself (binafsihi): father, grandfather, great-grandfather, etc.; son, grandson, great-grandson, etc.; full brother, paternal brother, etc. (2) ‘Asaba with another (lighayriha): a woman who becomes an ‘asaba due to the presence of a male, for example, a full sister when a full brother is present, etc. (3) ‘Asaba with others (ma‘a al-ghayr): a woman who becomes an ‘asaba due to the presence of another woman, such as one or more full sisters together with one or more daughters or one or more granddaughters, thus becoming ‘asaba ma‘a al-ghayr.
For details, see: [التحقيقات المرضية فى المباحث الفرضية ، ص : 112] and [منهاج المسلم للشيخ الجزائري ، ص : 674].
During the era of Sayyiduna Umar radi Allahu anhu, a plague spread in a place called Amwas, resulting in the extinction of entire families and tribes, leaving no heirs for the wealth. The governor of that place wrote to Amir al-Mu’minin, Sayyiduna Umar ibn al-Khattab radi Allahu anhu, asking what should be done with the wealth and inheritance of those who had perished. Amir al-Mu’minin replied that if close relatives of the father and mother were present, the wealth should be distributed among them, who are called ‘asaba (agnates).
That is, an ‘asib (agnate) is a person whose share is not specified in the Noble Qur’an, and in the absence of other heirs, he takes the entire wealth, or after the shares of the sharers (ashab al-furud) have been allocated, whatever remains goes to him.
There are two types of ‘asaba: ‘asaba by lineage (bil-nasab) and ‘asaba by cause (bil-sabab). ‘Asaba by cause is when a person frees someone and the freed person has no heirs, then the emancipator becomes entitled to all his wealth. ‘Asaba by lineage are of three kinds: (1) ‘Asaba by himself (binafsihi): father, grandfather, great-grandfather, etc.; son, grandson, great-grandson, etc.; full brother, paternal brother, etc. (2) ‘Asaba with another (lighayriha): a woman who becomes an ‘asaba due to the presence of a male, for example, a full sister when a full brother is present, etc. (3) ‘Asaba with others (ma‘a al-ghayr): a woman who becomes an ‘asaba due to the presence of another woman, such as one or more full sisters together with one or more daughters or one or more granddaughters, thus becoming ‘asaba ma‘a al-ghayr.
For details, see: [التحقيقات المرضية فى المباحث الفرضية ، ص : 112] and [منهاج المسلم للشيخ الجزائري ، ص : 674].
