Sunan ad-Darimi

It is narrated from Hasan (may Allah have mercy on him) that a man, at the time of his death, admitted that a certain person had a thousand dirhams with him. Another man proved with evidence that he too had a thousand dirhams with him, and the deceased left behind only a thousand dirhams. Hasan (may Allah have mercy on him) said: The wealth should be divided equally between the two, unless the deceased was insolvent, in which case his statement would not be acceptable.

Abu Nu'aym said: I asked Shareek: What have you mentioned about two brothers, one of whom claims that he is (the deceased's) brother? He said: He will receive the share of a brother. I asked: Who has mentioned this? He replied: Jabir from 'Amir, and he from Sayyiduna 'Ali (may Allah be pleased with him).

A‘mash (Sulaiman bin Mehran) narrated, it is reported from Ibrahim (may Allah have mercy on him): If some among the brothers claim to be a brother and others deny it, Ibrahim (may Allah have mercy on him) said: He will be included with the brothers as a slave, and one of them will give a share for his emancipation. And ‘Amir, Hakam, and their students said: The share will be taken from the portion of the brother who acknowledged him.

Waki’ (may Allah have mercy on him) said: If one of two brothers claims to be the brother (of a third person) and the other denies it, they said: Ibn Abi Layla used to say: The issue will be settled from six shares; the one who denies will take three shares, the one who claims will take two shares, and the one whose brotherhood is claimed will take one share.

It is narrated from Hammad: A man had three sons, he said: A third (one-third) of my wealth is for the youngest son. The middle son said: I permit it on my behalf, and the eldest son said: I do not accept it. Hammad said: The issue will be calculated out of nine, in which three (will be for the youngest son), this is his share and the share of the one who permitted. And Hammad said: Whatever remains will be distributed equally among all, and Shu’bi (may Allah have mercy on him) said: Whoever rejected (it is as if) he has rejected his own share.

Qadi Shurayh said: A man acknowledged (another as) his brother. He said: He will have to bring evidence that he is his brother.

Harith Akli said: A man, at the time of his death, acknowledged one thousand dirhams as mudarabah (for trade), and one thousand as a loan, and left behind only one thousand dirhams. He said: The loan will be paid first, and if anything remains after that, it will belong to the owner of the mudarabah (i.e., the one who gave the dirhams for trade).

It is narrated from Sha'bi (may Allah have mercy on him): A man passed away and left three hundred dirhams and three sons. After that, a person came and claimed one hundred dirhams from the deceased, and one of the three brothers acknowledged it. Sha'bi (may Allah have mercy on him) said: He will take his share from them. Then he said: I think the inheritance will be distributed after paying the debt.

It is narrated from Ash'ath that Hasan (may Allah have mercy on him) was asked about a man who passed away and left behind two sons and two thousand dirhams. Both brothers divided the two thousand dirhams between themselves, then one of the boys disappeared and a man claimed one thousand dirhams. Hasan (may Allah have mercy on him) said: Whatever is with the present brother, the claimant will take it, and it will be said to him that you should search for your brother and take half of what is with him from him.

Hasan (may Allah have mercy on him) said: When some heirs acknowledge a debt (upon the deceased), then they will pay the debt from their own share.

Ibrahim (may Allah have mercy on him) said: When two heirs who are truthful bear witness to a debt, the debt will be paid from the entire estate. Imam Sha’bi (may Allah have mercy on him) said: Only those two will pay the debt from their share.