سنن ترمذي
Tirmidhi
كتاب الفرائض عن رسول الله صلى الله عليه وسلمChapters On Inheritance
باب مَا جَاءَ فِي مِيرَاثِ الْبَنَاتِChapter: What has been Related About Inheritance For Daughters
Hadith 2092
اُردوEn
حَدَّثَنَا عَبْدُ بْنُ حُمَيْدٍ، حَدَّثَنِي زَكَرِيَّاءُ بْنُ عَدِيٍّ، أَخْبَرَنَا عُبَيْدُ اللَّهِ بْنُ عَمْرٍو، عَنْ عَبْدِ اللَّهِ بْنِ مُحَمَّدِ بْنِ عَقِيلٍ، عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ، قَالَ : جَاءَتِ امْرَأَةُ سَعْدِ بْنِ الرَّبِيعِ بِابْنَتَيْهَا مِنْ سَعْدٍ إِلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَتْ : يَا رَسُولَ اللَّهِ ، هَاتَانِ ابْنَتَا سَعْدِ بْنِ الرَّبِيعِ ، قُتِلَ أَبُوهُمَا مَعَكَ يَوْمَ أُحُدٍ شَهِيدًا ، وَإِنَّ عَمَّهُمَا أَخَذَ مَالَهُمَا ، فَلَمْ يَدَعْ لَهُمَا مَالًا وَلَا تُنْكَحَانِ إِلَّا وَلَهُمَا مَالٌ ، قَالَ : " يَقْضِي اللَّهُ فِي ذَلِكَ " ، فَنَزَلَتْ آيَةُ الْمِيرَاثِ ، فَبَعَثَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِلَى عَمِّهِمَا ، فَقَالَ : " أَعْطِ ابْنَتَيْ سَعْدٍ الثُّلُثَيْنِ ، وَأَعْطِ أُمَّهُمَا الثُّمُنَ ، وَمَا بَقِيَ فَهُوَ لَكَ " ، قَالَ أَبُو عِيسَى : هَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ ، لَا نَعْرِفُهُ إِلَّا مِنْ حَدِيثِ عَبْدِ اللَّهِ بْنِ مُحَمَّدِ بْنِ عَقِيلٍ ، وَقَدْ رَوَاهُ شَرِيكٌ أَيْضًا عَنْ عَبْدِ اللَّهِ بْنِ مُحَمَّدِ بْنِ عَقِيلٍ .
´Jabir bin 'Abdullah said:` "The wife of Sa'd bin Ar-Rabi came with her two daughters from Sa'd to he Messenger of Allah(S.A.W)and said; O Messenger of Allah(S.A.W)! these two are daughters of Sa'd bin Ar-Rabi who fought along with you on the day of Uhud and was martyred. Their uncle took their wealth, without leaving any wealth for them, and they will not be married unless they have wealth.' He said: 'Allah will decide on that matter.' The ayah about inheritance was revealed, so the Messenger of Allah(S.A.W) sent (word) to their Uncle saying: Give the two daughters of Sa'd two thirds, and give their mother one eighth, and whatever remains, then it is for you.'
Related hadith on this topic
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation: 1:
Assume the total inheritance is divided into 24 shares, from which:
The daughters’ share of 2/3 (two-thirds) of the total inheritance = 16 shares,
The deceased’s wife’s share of 1/8 (one-eighth) = 3 shares,
And the remainder for the brother = 5 shares.
Assume the total inheritance is divided into 24 shares, from which:
The daughters’ share of 2/3 (two-thirds) of the total inheritance = 16 shares,
The deceased’s wife’s share of 1/8 (one-eighth) = 3 shares,
And the remainder for the brother = 5 shares.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 2092
Maulana Ataullah Sajid
Benefits and Issues:
➊ The mentioned narration has been declared weak in its chain by our esteemed researcher, whereas other scholars have graded it as hasan. Upon detailed discussion by the scholars, the opinion that the hadith is hasan appears to be closer to correctness. Therefore, despite this narration being weak in this chain, it is actionable due to supporting evidences. For further details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad ibn Hanbal: 23/108, 109, and Sahih Sunan Abi Dawud by al-Albani, nos. 2573, 2574).
➋ The Shari‘ah has fixed a specific share in inheritance for certain heirs; such heirs are called “ashab al-furud” (holders of prescribed shares). After giving the shares to the ashab al-furud, whatever remains of the estate is given to those relatives who are called “‘asaba” (residuary heirs).
➌ If someone has only one daughter, she will receive half of the entire estate. If there are more than one daughters, then the estate will be divided into three parts and two parts will be given to them. (See: Surah al-Nisa’, verse: 11)
➍ If the deceased has both sons and daughters as heirs, then according to their number, each son will receive two shares and each daughter will receive one share. (Reference as above)
➎ If the deceased has no children, then his wife will receive one fourth of the entire estate, and if the deceased has children—as in the incident mentioned in the hadith—then the wife will receive one eighth. If there is more than one wife, then this one fourth or one eighth will be divided among all of them.
➏ The deceased’s brother is an ‘asaba (residuary heir), so after giving the shares to the ashab al-furud (the wife and daughters), whatever remains is given to him.
➐ In the incident mentioned in the hadith, the entire estate was divided into twenty-four shares, of which three shares (one eighth of the total estate) were given to the widow, sixteen shares (two thirds of the total estate) were given to the two daughters (eight shares to each daughter), and the remaining five shares were given to the brother.
➊ The mentioned narration has been declared weak in its chain by our esteemed researcher, whereas other scholars have graded it as hasan. Upon detailed discussion by the scholars, the opinion that the hadith is hasan appears to be closer to correctness. Therefore, despite this narration being weak in this chain, it is actionable due to supporting evidences. For further details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad ibn Hanbal: 23/108, 109, and Sahih Sunan Abi Dawud by al-Albani, nos. 2573, 2574).
➋ The Shari‘ah has fixed a specific share in inheritance for certain heirs; such heirs are called “ashab al-furud” (holders of prescribed shares). After giving the shares to the ashab al-furud, whatever remains of the estate is given to those relatives who are called “‘asaba” (residuary heirs).
➌ If someone has only one daughter, she will receive half of the entire estate. If there are more than one daughters, then the estate will be divided into three parts and two parts will be given to them. (See: Surah al-Nisa’, verse: 11)
➍ If the deceased has both sons and daughters as heirs, then according to their number, each son will receive two shares and each daughter will receive one share. (Reference as above)
➎ If the deceased has no children, then his wife will receive one fourth of the entire estate, and if the deceased has children—as in the incident mentioned in the hadith—then the wife will receive one eighth. If there is more than one wife, then this one fourth or one eighth will be divided among all of them.
➏ The deceased’s brother is an ‘asaba (residuary heir), so after giving the shares to the ashab al-furud (the wife and daughters), whatever remains is given to him.
➐ In the incident mentioned in the hadith, the entire estate was divided into twenty-four shares, of which three shares (one eighth of the total estate) were given to the widow, sixteen shares (two thirds of the total estate) were given to the two daughters (eight shares to each daughter), and the remaining five shares were given to the brother.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2720
