سنن ترمذي
Tirmidhi
كتاب الفرائض عن رسول الله صلى الله عليه وسلمChapters On Inheritance
باب مَا جَاءَ فِي إِبْطَالِ مِيرَاثِ الْقَاتِلِChapter: What has been Related About Invalidating The Inheritance Of The Murderer
Hadith 2109
اُردوEn
حَدَّثَنَا قُتَيْبَةُ، حَدَّثَنَا اللَّيْثُ، عَنْ إِسْحَاق بْنِ عَبْدِ اللَّهِ، عَنِ الزُّهْرِيِّ، عَنْ حُمَيْدِ بْنِ عَبْدِ الرَّحْمَنِ، عَنْ أَبِي هُرَيْرَةَ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " الْقَاتِلُ لَا يَرِثُ " ، قَالَ أَبُو عِيسَى : هَذَا حَدِيثٌ لَا يَصِحُّ وَلَا يُعْرَفُ إِلَّا مِنْ هَذَا الْوَجْهِ ، وَإِسْحَاق بْنُ عَبْدِ اللَّهِ بْنِ أَبِي فَرْوَةَ قَدْ تَرَكَهُ بَعْضُ أَهْلِ الْحَدِيثِ ، مِنْهُمْ أَحْمَدُ بْنُ حَنْبَلٍ ، وَالْعَمَلُ عَلَى هَذَا عِنْدَ أَهْلِ الْعِلْمِ أَنَّ الْقَاتِلَ لَا يَرِثُ كَانَ الْقَتْلُ عَمْدًا أَوْ خَطَأً وَقَالَ بَعْضُهُمْ : إِذَا كَانَ الْقَتْلُ خَطَأً فَإِنَّهُ يَرِثُ وَهُوَ قَوْلُ مَالِكٍ .
´Abu Hurairah narrated that the Prophet(S.A.W) said:` "The murderer will not inherit."
Related hadith on this topic
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Commentary:
Note:
(In the chain of narration, Ishaq bin Abi Furwah is a weak narrator, but due to supporting narrations from Umar, Abdullah bin Amr bin al-As, and Ibn Abbas, the hadith is considered sahih li ghayrihi (authentic due to corroborating evidence); Irwa’ al-Ghalil: 1670, 1671, 1672)
Note:
(In the chain of narration, Ishaq bin Abi Furwah is a weak narrator, but due to supporting narrations from Umar, Abdullah bin Amr bin al-As, and Ibn Abbas, the hadith is considered sahih li ghayrihi (authentic due to corroborating evidence); Irwa’ al-Ghalil: 1670, 1671, 1672)
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 2109
Maulana Ataullah Sajid
Benefits and Issues:
➊
Killing is a cause for deprivation from inheritance, meaning that if the killer has such a relationship with the deceased that would otherwise entitle him to a share in the inheritance, then due to the act of killing, he will be deprived of this right.
➋
This ruling applies to every killer, whether he is among the heirs entitled to fixed shares (ashab al-furud) or among the agnatic heirs (asaba). For example:
If a person has two sons, and one of them kills his father, then after distributing the fixed shares of the ashab al-furud from the estate of the deceased, the remaining wealth will go to the son who was not involved in the crime of murder.
The other son, who is the killer, will receive nothing.
➌
Sometimes, the motive for murder is also the desire that the killer wants to obtain the inheritance of the deceased quickly.
Due to the law mentioned in the hadith, this motive is eliminated.
In this way, this law serves as a protector of human lives.
➊
Killing is a cause for deprivation from inheritance, meaning that if the killer has such a relationship with the deceased that would otherwise entitle him to a share in the inheritance, then due to the act of killing, he will be deprived of this right.
➋
This ruling applies to every killer, whether he is among the heirs entitled to fixed shares (ashab al-furud) or among the agnatic heirs (asaba). For example:
If a person has two sons, and one of them kills his father, then after distributing the fixed shares of the ashab al-furud from the estate of the deceased, the remaining wealth will go to the son who was not involved in the crime of murder.
The other son, who is the killer, will receive nothing.
➌
Sometimes, the motive for murder is also the desire that the killer wants to obtain the inheritance of the deceased quickly.
Due to the law mentioned in the hadith, this motive is eliminated.
In this way, this law serves as a protector of human lives.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2735
