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سنن دارمي
Darimi
من كتاب الفرائضFrom the Book of Inheritance
باب فِيمَنْ أَعْطَى ذَوِي الأَرْحَامِ دُونَ الْمَوَالِي:Chapter on giving inheritance to distant relatives instead of freed slaves
Hadith 3053
اُردوEn
حَدَّثَنَا أَبُو نُعَيْمٍ، حَدَّثَنَا زُهَيْرٌ، عَنْ حَيَّانَ بْنِ سَلْمَانَ، قَالَ: كُنْتُ عِنْدَ سُوَيْدِ بْنِ غَفَلَةَ، فَجَاءَهُ رَجُلٌ، فَسَأَلَهُ عَنْ"فَرِيضَةِ رَجُلٍ تَرَكَ ابْنَتَهُ وَامْرَأَتَه، فَقَالَ: أَنَا أُنْبِئُكَ قَضَاءَ عَلِيٍّ، قَالَ: حَسْبِي قَضَاءُ عَلِيٍّ، قَالَ: قَضَى عَلِيٌّ لِامْرَأَتِهِ الثُّمُنَ، وَلِابْنَتِهِ النِّصْفَ، ثُمَّ رَدَّ الْبَقِيَّةَ عَلَى ابْنَتِهِ".
Hayan bin Salman said: I was with Suwaid bin Ghaflah when a man came to him and asked about the shares of inheritance: A man left behind his daughter and his wife. He (Suwaid) said: I will tell you the ruling of Sayyiduna Ali (may Allah be pleased with him) regarding this. The man said: The ruling of Sayyiduna Ali (may Allah be pleased with him) is sufficient for me. Sayyiduna Ali (may Allah be pleased with him) gave the wife one-eighth and the daughter one-half, then whatever remained was also returned to the daughter.
Brief Explanation
(Commentary on Ahadith 3049 to 3053)
In the narration of Bayhaqi, it is mentioned that the deceased left behind a wife, a daughter, and a master (mawla). In the aforementioned narration, there is no mention of mawali, but this is precisely the relevant point that Sayyiduna Ali radi Allahu anhu did not give anything to the master; whatever remained, he gave to the daughter. Several narrations have already passed from Sayyiduna Ali radi Allahu anhu in which he gave the remaining wealth to the master who had set the slave free. One opinion could be this as well, but the first opinion is closer to being correct.
And Allah knows best.
In the narration of Bayhaqi, it is mentioned that the deceased left behind a wife, a daughter, and a master (mawla). In the aforementioned narration, there is no mention of mawali, but this is precisely the relevant point that Sayyiduna Ali radi Allahu anhu did not give anything to the master; whatever remained, he gave to the daughter. Several narrations have already passed from Sayyiduna Ali radi Allahu anhu in which he gave the remaining wealth to the master who had set the slave free. One opinion could be this as well, but the first opinion is closer to being correct.
And Allah knows best.
