Toggle above to switch between keyword search and direct hadith lookup
سنن دارمي
Darimi
من كتاب الفرائضFrom the Book of Inheritance
باب في مِيرَاثِ الْحَمِيلِ:Chapter on inheritance of the fetus
Hadith 3128
اُردوEn
أَخْبَرَنَا يَزِيدُ بْنُ هَارُونَ، حَدَّثَنَا الْأَشْعَثُ، عَنْ الشَّعْبِيِّ، قَالَ: كَتَبَ عُمَرُ بْنُ الْخَطَّابِ إِلَى شُرَيْحٍ: أَنْ "لَا يُوَرِّثَ الْحَمِيلَ إِلَّا بِبَيِّنَةٍ، وَإِنْ جَاءَتْ بِهِ فِي خِرَقِهَا".
Shu’bi (may Allah have mercy on him) said: Sayyiduna ‘Umar ibn al-Khattab (may Allah be pleased with him) wrote to Judge Shurayh that without evidence (bayyinah), do not make the carrier (hameel) an heir, even if a woman brings him wrapped in rags.
Brief Explanation
(Commentary on Hadiths 3122 to 3128)
Hameel refers to that child who is taken as a small child from his own country and brought into an Islamic country.
Some have said that hameel is one whom a person claims to be his son or brother, so that instead of the owner and master of that slave, he himself may become the inheritor of his estate.
In any case, such a claim will not be accepted without evidence, as Amir al-Mu’minin Sayyiduna Umar ibn al-Khattab radi Allahu anhu decreed.
Hameel refers to that child who is taken as a small child from his own country and brought into an Islamic country.
Some have said that hameel is one whom a person claims to be his son or brother, so that instead of the owner and master of that slave, he himself may become the inheritor of his estate.
In any case, such a claim will not be accepted without evidence, as Amir al-Mu’minin Sayyiduna Umar ibn al-Khattab radi Allahu anhu decreed.
