Abu Umama told of hearing God’s Messenger say in his sermon in the year of the Farewell Pilgrimage, “God has appointed for everyone who has a right what is due to him, and no legacy must be made to an heir.” Abu Dawud and Ibn Majah transmitted it. Tirmidhi added: “The child is attributed to the mother’s husband, but the adulterer gets nothing, and their reckoning is in God’s hands.”
Mishkat al-Masabih
Book 12
37 hadiths
Page 2 / 2
Showing hadiths 21–37
It is related in munqati’ form on the authority of Ibn ‘Abbas that the Prophet (ﷺ) said, “No legacy is to be left to an heir unless the other heirs are agreeable.” This is the wording in al-Masabih, but in Daraqutni’s version he said, “A legacy to an heir is not allowable unless the other heirs are agreeable.”
Jabir reported God’s Messenger as saying, “He who dies leaving a will has died following a path and a sunna, he has died piously and testifying to the true faith, and he has died with his sins forgiven.” Ibn Majah transmitted it.
‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that al-‘As b. Wa’il left in his will that a hundred slaves should be emancipated on his behalf. His son Hisham emancipated fifty slaves and his son ‘Amr intended to emancipate the remaining fifty on his behalf, but decided first to ask God’s Messenger. He therefore went to the Prophet (ﷺ) and said, “Messenger of God, my father left in his will that a hundred slaves should be emancipated on his behalf and Hisham has emancipated fifty on his behalf and fifty remain. Shall I emancipate them on his behalf?” God's Messenger replied, “Had he been a Muslim and you had emancipated slaves on his behalf, or given sadaqa on his behalf, or performed the pilgrimage on his behalf, that would have reached him.” Abu Dawud transmitted it.
Anas reported God’s Messenger as saying, “If anyone deprives an heir of his inheritance, God will deprive him of his inheritance in paradise on the day of resurrection.” Ibn Majah transmitted it, and Baihaqi transmitted it in Shu'ab al-lman on the authority of Abu Huraira.
Abu Huraira reported the Prophet (ﷺ) as saying, “I am nearer to the believers than themselves, so if anyone dies leaving a debt without leaving enough to pay it I shall be responsible for paying it, and if anyone leaves property it goes to his heirs.” A version has, “If anyone leaves a debt or children without maintenance let the matter come to me, for I am his guardian.” Another version has, “If anyone leaves property it goes to his heirs and if anyone leaves dependents without resources they come to us.” (Bukhari and Muslim.)
Ibn ‘Abbas reported God’s Messenger as saying, “Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir.” (Bukhari and Muslim.)
Usama b. Zaid reported God’s Messenger as saying, “A Muslim may not inherit from an infidel or an infidel from a Muslim.” (Bukhari and Muslim.)
He reported God’s Messenger as saying, “A sister’s son has blood- relationship to her family.” (Bukhari and Muslim.)
Buraida said that a man of Khuza'a died and his estate was brought to the Prophet (ﷺ) who gave instructions to look for an heir of his or some relative, but they found neither, so God’s Messenger said, “Give it to the leading man* of Khuza'a’ (al-kubr. This may mean the greatest in rank or in age, or, more probably, the nearest in kin to the man's oldest ancestor, the one with fewest intermediate links. Abu Dawud transmitted it. In a version by him he said, “Look for the greatest (akbar. This might mean greatest or oldest, but it is most probably used here in the same sense as al-kubr) man of Khuza'a.'’
‘Ali said: You recite this verse, “After a legacy you bequeathe or a debt (Al-Qur’an 4:12),’’ but God’s Messenger decided that a debt should be discharged before a legacy and that the sons of the same mother inherit from one another, but not the sons of one father by different mothers. A man inherits from his brother who has the same father and mother, but not from his brother who has the same father but a different mother. Tirmidhi and Ibn Majah transmitted it. In a version by Darimi he said, “Brothers who have the same mother inherit from one another but not sons of the same father but of different mothers, etc."
Jabir said: The wife of Sa'd b. ar-Rabi’ brought to God’s Messenger her two daughters whose father was Sa'd b. ar-Rabi' and said, “Messenger of God, these are the daughters of Sa'd b. ar-Rabi’. Their father was killed as a martyr when he was with you at the battle of Uhud, their paternal uncle has taken their property leaving them nothing, and they cannot be married unless they have some property." He replied that God would decide regarding the matter, and when the verse about inheritance (Al-Qur’an 4:11) was sent down God’s Messenger sent to their paternal uncle and said, “Give Sa'd’s two daughters two-thirds and their mother an eighth, and what remains is yours." Ahmad, Tirmidhi, Abu Dawud and Ibn Majah transmitted it, Tirmidhi saying this is a hasan gharib tradition.
Huzail b. Shurahbil said: Abu Musa was asked about a case where there were a daughter, a son’s daughter and a sister and replied, “The daughter gets half and the sister gets half. Go to Ibn Mas'ud and you will find that he agrees with me.” When Ibn Mas'ud was asked and told what Abu Musa had said he replied, “I would then be in error and not be one of those who are rightly guided. I decide concerning the matter as the Prophet (ﷺ) did: The daughter gets half and the son’s daughter a sixth, making two-thirds, and what remains goes to the sister.” We then went to Abu Musa and when we told him what Ibn Mas'ud had said he replied, “Do not question me as long as this learned man is among you.” Bukhari transmitted it. (Here again we find a tradition by Bukhari in Section 2.)
'Imran b. Husain said: A man came to God’s Messenger and said, “My son’s son has died, so what do I receive from his estate?” He replied, “You receive a sixth;” then when he turned away he called him and said, “You receive another sixth;” and when he turned away he called him and said, “The other sixth is an allowance ,” (It would seem, although it is not explicit, that the grandson had left two daughters who were therefore entitled to two-thirds of the estate. The grandfather was entitled only to a sixth, but was given another sixth, as a favour, presumably because there were no other heirs). Ahmad, Tirmidhi and Abu Dawud transmitted it, Tirmidhi saying this is a hasan sahih tradition.
Wills. Ibn ‘Umar reported God’s Messenger as saying, “It is the duty of a Muslim man who has something which is to be given as a bequest not to have it for two nights without having his will written regarding it.” (Bukhari and Muslim.)
Sa‘d b. Abu Waqqas said : During an illness which brought me near to death in the year of the Conquest God’s Messenger came to visit me and I said, “Messenger of God, I have a large amount of property and my daughter is my only heir. Shall I will away all my property ?” He replied, ‘No” I suggested two-thirds, but he objected, then a half, but he still objected. When I suggested a third he replied, “You may will away a third, but that is a lot*. To leave your heirs rich is better than to leave them poor and begging from people. You will not spend anything, seeking thereby to please God, without being rewarded for it, even the mouthful you give your wife.” *While this tradition tells that the Prophet (ﷺ) gave permission for a man to will away a third of his estate to some person or purpose other than the heirs, it indicates that be thought it would be better not to will away so much. (Bukhari and Muslim.)
Abu Huraira reported God’s Messenger as saying: “ A man and a woman act in obedience to God for sixty years then when they are about to die they cause injury by their will, so they must go to hell.” Then Abu Huraira recited, “After a legacy which you bequeathe or a debt, causing no injury ... that will be the mighty success”(Al-Qur’an 4:12). Ahmad, Tirmidhi, Abu Dawud and Ibn Majah transmitted it.