Sayyiduna Abu Umamah (may Allah be pleased with him) said that Sayyiduna Umar (may Allah be pleased with him) wrote to Sayyiduna Abu Ubaydah bin al-Jarrah (may Allah be pleased with him): Teach your boys swimming and teach your fighters archery. They used to go back and forth between the targets, and a stray arrow came and struck a boy and killed him; he was in the care of his maternal uncle, and his lineage was not known. The narrator said: Sayyiduna Abu Ubaydah (may Allah be pleased with him) wrote to Sayyiduna Umar (may Allah be pleased with him) asking him to whom he should give his blood money (diyah). Sayyiduna Umar (may Allah be pleased with him) replied that the Messenger of Allah (peace and blessings be upon him) used to say: "Allah and His Messenger (peace and blessings be upon him) are the guardian of one who has no guardian, and the maternal uncle will be the heir of one who has no heir."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12208
Hadith Gradingمحدثین:حسن لغيره
Hadith Takhrij«حسن لغيره۔ احمد 1/ 28/ 189۔ ابن ماجه 2737»
Sayyiduna al-Miqdam (may Allah be pleased with him) narrates from the Prophet (peace and blessings be upon him) that he (peace and blessings be upon him) said: "Whoever leaves a debt, it is our responsibility," and he said: "It is the responsibility of Allah and His Messenger; and whoever leaves wealth, it is for his heirs. I am the heir of one who has no heir: I will pay blood money on his behalf and inherit from him. And the maternal uncle is the heir of one who has no heir: he will pay blood money on his behalf and inherit from him."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12209
Sayyiduna al-Miqdam al-Kindi (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings be upon him) said: "I am closer to every believer than his own self. Whoever leaves a debt or leaves dependent children, that is my responsibility, and whoever leaves wealth, it is for his heirs. I am the guardian of one who has no guardian: I inherit his wealth and I will free his captives. And the maternal uncle is the guardian of one who has no guardian: he will inherit his wealth and free his captives."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12210
Salih bin Yahya bin al-Miqdam narrates from his father, and he from his grandfather (may Allah be pleased with him), who said: I heard the Messenger of Allah (peace and blessings be upon him) say: "I am the heir of one who has no heir: I will ransom his captives and inherit his wealth. And the maternal uncle is the heir of one who has no heir: he will ransom his captives and inherit his wealth."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12211
Yahya bin Ma'in (may Allah have mercy on him) used to consider the hadith of Sayyiduna al-Miqdam (may Allah be pleased with him) invalid, namely: "The maternal uncle is the heir of one who has no heir." He said: There is no strong hadith on this.
It has also been narrated through another route that is weaker than that.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12212
Sayyiduna Abu Hurayrah (may Allah be pleased with him) narrates from the Prophet (peace and blessings be upon him) that he (peace and blessings be upon him) said: "The maternal uncle is an heir."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12213
Sayyiduna Abu Hurayrah (may Allah be pleased with him) narrates from the Prophet (peace and blessings be upon him) that he (peace and blessings be upon him) said: "The maternal uncle is an heir."
There is disagreement over this from Sharik, as you see, and Layth bin Abi Sulaym is not used as evidence, and Allah knows best.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12214
Sayyidah Aishah (may Allah be pleased with her) said: "Allah and His Messenger (peace and blessings be upon him) are the guardian of one who has no guardian, and the maternal uncle is the heir of one who has no heir."
What is preserved (mahfuz) is that this is the saying of Aishah, mawquf (stopping) at her; Abd al-Razzaq likewise narrated it from Ibn Jurayj as mawquf. Abu Asim used to attribute it to the Prophet (peace and blessings be upon him) in some narrations from him, then he doubted it; so the marfu' version is not preserved, and Allah knows best.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12215
Abu Asim (may Allah have mercy on him) mentioned it as a marfu' narration.
Ahmad bin Hanbal and Yahya bin Ma'in used to say: Amr bin Muslim, the companion of Tawus, is not strong; and it has been narrated from Ibn Tawus as mursal.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12216
Thabit bin al-Dahdah (may Allah be pleased with him) was a stranger among Banu Unayf or Banu al-Ajlan. He died, and the Prophet (peace and blessings be upon him) asked: "Does he have any heir?" They did not find any heir for him, so the Prophet (peace and blessings be upon him) gave his inheritance to his sister's son, and he was Abu Lubabah bin Abd al-Mundhir (may Allah be pleased with him).
This chain is munqati' (broken).
(a) It is reported about Thabit bin al-Dahdah (may Allah be pleased with him) that he died, and he (peace and blessings be upon him) asked: "Do you know his lineage?" He said: No, he was a stranger among us. So the Messenger of Allah (peace and blessings be upon him) decided his inheritance in favour of his sister's son.
The Shaykh said: He died on the day of Uhud.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12217
Sa'id bin al-Musayyib (may Allah have mercy on him) said that Ibn al-Dahdah remained only a short while until the disbelievers of Quraysh came on the day of Uhud. He too went out with the Messenger of Allah (peace and blessings be upon him), fought them, and was martyred.
Imam al-Shafi'i (may Allah have mercy on him) said: The verse of inheritance was revealed concerning the daughters of Mahmud bin Maslamah, who died on the day of Khaybar; and it has also been said that it was revealed after Uhud concerning the daughters of Sa'd bin al-Rabi'. All of this came after the matter of Thabit bin al-Dahdah.
The Shaykh (may Allah have mercy on him) said: The hadith of Jabir bin Abdullah (may Allah be pleased with him) which we have mentioned, his saying to the Prophet (peace and blessings be upon him): Only a kalalah will inherit from me, so how will the inheritance be divided? and then the verse of inheritance was revealed, indicates that the verse of inheritance was revealed after Uhud. This is because before Uhud his father was alive, and he was martyred on the day of Uhud, leaving behind Jabir and his daughters. When Jabir (may Allah be pleased with him) fell ill, he had sisters but neither a father nor children, so he said: Only a kalalah will inherit from me, and the verse of inheritance was revealed. It has also been said that the verse of inheritance revealed concerning him is the one at the end of Surah al-Nisa, and the verse of inheritance at its beginning was revealed concerning the daughters of Sa'd bin al-Rabi', as Imam al-Shafi'i (may Allah have mercy on him) said.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12218
It is narrated from Sayyiduna Jabir bin Abdullah (may Allah be pleased with him) that the wife of Sa'd bin al-Rabi' (may Allah be pleased with him) came to the Prophet (peace and blessings be upon him) with her two daughters from Sa'd and said: O Messenger of Allah (peace and blessings be upon him)! These are the two daughters of Sa'd. Their father was martyred with you at Uhud, and their paternal uncle has taken their wealth and has left nothing for them, and they cannot be married without wealth. The Messenger of Allah (peace and blessings be upon him) said: "Allah will decide about them." Then Allah Almighty revealed the verse of inheritance. He (peace and blessings be upon him) called their uncle and said: "Give the two daughters of Sa'd two-thirds, give their mother one-eighth, and the rest is for you."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12219
Al-Sha'bi (may Allah have mercy on him) said: (The case of) a man who had died was brought to Ziyad, and he had left (as heirs) a paternal aunt and a maternal aunt. He said: Do you know how Sayyiduna Umar (may Allah be pleased with him) judged in this matter? They said: No. Ziyad said: I am the most knowledgeable of people about Sayyiduna Umar's (may Allah be pleased with him) judgement. He placed the paternal aunt in the position of a brother and the maternal aunt in the position of a sister, so he gave the paternal aunt two-thirds and the maternal aunt one-third.
Al-Hasan, Jabir bin Zayd, Bakr bin Abdullah al-Muzani and others narrated that Umar (may Allah be pleased with him) gave the paternal aunt two-thirds and the maternal aunt one-third. All of these are mursal (marasil), and the narration of the people of Madinah from Umar is more worthy of being authentic, and Allah knows best.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12220
Masruq narrates from Abdullah (may Allah be pleased with him) that the maternal aunt is like the mother, the paternal aunt is in the place of the father, the brother's daughter is in the place of the brother, and every blood relative will be in the place of the relative through whom he is connected, when there is no heir with a (closer) kinship.
(b) Masruq said that Abdullah (may Allah be pleased with him) said: Place them in the position of the father; he used to say: Make every person an heir in the position of his father.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12221
Mughirah (may Allah have mercy on him) narrates from his companions that Sayyiduna Ali and Sayyiduna Abdullah (may Allah be pleased with them both), when they did not find anyone with a fixed share, would give to the relatives. They gave the daughter's daughter all the wealth, and the maternal uncle all the wealth; likewise the brother's daughter and the sister's daughter, whether through the mother, through both father and mother, or through the father, were given the wealth; and the paternal aunt, the paternal uncle's daughter, the daughter of the son's daughter, and the maternal grandfather, whether near or distant, when they were blood relatives, were all given the wealth in the absence of anyone else. If a daughter's daughter and a sister's daughter are found, it is to be given half and half; if there is a paternal aunt and a maternal aunt, it will be one-third and two-thirds; and the daughter of the maternal uncle and the daughter of the maternal aunt are to be given one-third and two-thirds.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12222