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what they preach. Hence, they had no interest in the legacy of other people and they did
not grieve at leaving this world without their property. Moreover, they never had any
worthwhile property with them in this world. Thus, Allah commanded that whatever (little
they left behind was no one's property, nor would they receive anyone's legacy. The
prophet صلى الله عليه وسلم said:
إِنَّا مَعَاشِرُ الْأَنْبِيَاءِ لَّا نُؤْرِثُ مَاتَرَكْنَا صَدَقَةْ
"We the company of prophet are not inherited, what we leave is sadaqah (charity)."
IN ABSENCE OF HEIR LEGACY GOES TO BAYT UL MAAL(TREASURY)
(٣٠٥٦) وَعَنْ بُرَيْدَةً قَالَ مَاتَ رَجُلْ مِنْ خُزَاعَةً فَأْتِ النَّبِىُّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ بِيْرَاثِهِ فَقَالَ إِلْتَمِسُوْا لَهُ
وَارِئًّا أَوْذَّارَحِيٍ فَلَمْ تَجِدُوا لَهُ وَارِثًا وَلَّا ذَا رَحِيٍ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ أَعْتُوْهُ الْكُبْرَ مِنْ
خُزَاعَةَ رَوَاُ أَبُوْدَا ؤدَ وَفِي رِوَايَةٍ لَهُ قَالَ أُنْظُرُوا أَكْبَرَ رَجُلٍ مِنْ خُزَاعَةً.
3056. Sayyiduna Burayrah &c a +, narrated that a man of the Khuza'ah died and his
legacy was brought to the Prophet صلى الله عليه وسلم. He said, "Look for an heir of his
(from among the dhawil furud and, if none, from among the asabah) otherwise a
dhu rahm." But, they could find neither an heir (from dhawil farud and asabah) nor
a dhu rahm. So, Allah's Messenger صلى الله عليه وسلم said, "Hand it over to an elder (old
man of the tribe) of Khuza'ah.
According to another version, he said, 'Look for an old man of the Khuza'ah.
COMMENTARY: The same explanation applies to this ahadith as to the previous. In the
absence of on heir, the legacy goes to the state Treasury. An old man of the same tribe is
most deserving of the funds of the state Treasury.
REPAYMENT OF DEBT TAKES PRECEDENCE
(٣٠٥٧) وَعَنْ عَلِيٍّ قَالَ إِنَّكُمْ تَقْرَؤُنَ هذِهِ الْآيَةَ مِنْ بَعْدٍ وَصِيَّةٍ تُوْصُوْنَ بِهَا أَوْدَيْنٍ وَإِكَّ رَسُولَ اللّهِ
صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَفَى بِالدَّيْنِ قَبْلَ الْوَصِيَّةِ وَإِنَّ أَعْيَاتَ بَنِ الْأُمِ يَتَوَارَتُؤَ دُوْنَ بَنِى الْعَلَّاتِ
الرَّجُلُ يَرِثُ آَخَاهُ لِيْهِ وَاُقِهِ دُوتَ آخِيُهِ لِأَبِهِ- رواه الترمذى وابن ماجه وفى رواية الدارمى: قال
" الاخوةُ من الأمر يتوارثون دون بنى العلات ...... إلی اخرہ۔"
3057. Sayyiduna Ali رضى الله عنه said, "You people recite this verse:
مِنْ بَعْدٍ وَصِيَّةٍ تُوُصُونَ پِهَا آوْدَیْنٍ
(after (having paid) he bequest that may have been bequeathed, or a debt ... ] (4:12)
But, Allal.'s Messenger صلى الله عليه وسلم ruled that a debt should be discharged before the
legacy is executed. And, (he ruled) that (real) brothers from the same mother inherit
from each other but not brother from the same father by different mothers. One
inherits from his brother having the same father and mother, but not his brother
having the same father and a different mother."
According to a version in Darami, he said, "The brothers from the same mother inherit
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from each other, but not brothers from the same father and different mothers."i
COMMENTARY: Sayyiduna Ali us à +) explained to the people that they should nor
misread the verse (4:12). Though it mentions will before debt, vet the debt has to be paid
before executing the will of the dead person and before distributing the inheritance. The
objective of the said verse is to impress that the dead person's will must not be
disregarded. Rather, it ought to be executed faithfully.
BACKGROUND OF THE VERSE OF INHERITANCE
(٣٠٥٨) وَعَنْ جَابِرٍ قَالَ جَاءَتُ امْرَأَةُ سَعْدِ بْنِ الرَّبِيُّعِ بِابْنَتَيْهَا مِنْ سَعْدِ ابْنِ الرَّبِيُعِ إِلَى رَسُولِ اللَّهِ صَلَّى اللهُ
عَلَيْهِ وَسَلَّمَ فَقَالَتْ يَا رَسُولَ اللَّهِهَاتَانٍ الجنَّنَا سَعْدِ بْنِ الرَّبِيُعِ قُتِلَ أَبُوُهُمَا مَعَكَ يَوْمِ أُحُدٍ شَهِيْدًا وَإِّ
عَمَّهُمَا آَخَذَ مَالَهُمَا وَلَمُ يَدَءُ لَهُمَّا مَالَّا وَلَا تُنْكَّكَانٍ إِلَّا وَلَّهُمَا مَالْ قَالَ يَقْفِى اللَّهُ فِي ذَلِكَ فَتْزَلَتُ آيَةُ
الْمِيْرَاثِ فَبَعَثَ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِلَى عَبِّهِمَا فَقَالَ أَعْطِ لِ بُذَتَى سَعُدٍ القُّلْقَيْنِ وَأَعْطِ أُمَّهُمَّا
الثُّهُنَ وَمَا بَقِى فَهُوَ لَكَ رَوَاهُ التِّزْ مِذِىُّ وَأَبُوُدَاؤدَ وَابْنُ مَاجَةٍ وَقَالَ التِّزْمِذِىُّ هَذَا حَدِيْتُ غَرِيُبْ-
3058. Sayyiduna Jabir w alo, narrated that the wife of Sayyiduna Sa'd ibn Rabi
brought her two daughter of Sa'd to Allah's Messenger صلى الله عليه وسلم She said, "0
Messenger of Allah, these are two daughters of Sa'd ibn Rabi. Their father had
fought by your side on the day of Uhud and was martyred. Their paternal uncle
took away their wealth and left nothing for them and they cannot be married unless
they have some wealth." He said, "Allah will decide about this issue," and the verse
of inheritance (4:11) was revealed. So, Allah's Messenger صلى الله عليه وسلم sent for their
paternal uncle and instructed him to give to the two daughters of Sa'd us ano, two
thirds and to their mother one eight and what remained was for him.2
COMMENTARY: In pre-Islamic days that which a dead person left behind went complete
to an adult man capable of engaging in battle. Women, children and the weak got nothing
at all. They were helpless and desperate against the strong adult men whether paternal
uncles or brothers.
The prophet gale ano was sent as a merciful to mankind, and as in every other field he
removed the misery of the weak in this field of inheritance too, The first case was that of
Sayyiduna Aws ibn Thabit Ansari As an (+). When he died, he left behind his wife, Umm
Kamhah (+5(!) and three daughters (or two daughters and an infant son. He had made two
men guardians and executors of his will. They followed the custom of the pre Islamic times
and gave away the entire property of Sayyiduna Aws usd +, to his paternal cousin (or to his
two real brothers). His wife complained to the Prophet ly,lean lo, the guardian and solace of
the poor, that she and her children were deprived of all the wealth of her husband which was
handed over to Khalid ibn Urfutah (or Khalid and urfutah). "What will happen to us?" The
Prophet Ly,le ando was very pained at this but he could not do any thing promptly because
he was not a dictator and not a partner in Allah's domain. He consoled the wife of Awf &+,
1 Tirmidhi # 2129, Ibn Majah # 2739, Darimi # 2984, Musnad Ahmad 1-144.
2 Tirmidhi # 2099, Abu Dawud # 2891, Ibn Majah # 2720, Musnad Ahmad 3. 352.

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As and requested her to go home and wait Allah's Command. He waited for the revelation
from the Judge of the judges. Soon this verse was revealed:
لِلرِّجَالِ نَصِيُبْ قِمَّا تَرَكَ الْوَلِدَانِ وَالْأَقْرَبُوْنَ وَلِلِنْسَآءَ نَصِيْبُ مِمَّا تَرَكَ الْوَالِدَانِ وَالْآَقْرَبُوْنَ
مِمَّا قَلَّ مِنْهُ أَوْكَفُرَ نَصِيْبًّا مَفْرُوْضَّا-(النساء ): L)
(For men is a share of what their parents and near relatives leave, and for women is
a share of what their parents and the near relatives leave, whether it be small or
large - a share determined} (4:7)
Thus ended the injustice matted out to woman and girls in distributing the shares of
inheritances. No longer were man the sole inheritors.
However, she shares were not determined till then. So, the Prophet صلى الله عليه وسلم sent
message to the executors of Aws us a >> will that they should preserve his wealth and
spend nothing from it till the shares were determined. After a little time Sa'd ibn Rabi
Ansari died a martyr in the Battle of Uhud in 3 AH as in the forging hadith. The prophet
advised his wife too to await Allah's command. After a few day the verse of صلى الله عليه وسلم
inheritance was revealed:
يُؤْصِيْكُمُ اللهُ فِّنْ أَوْ لَا دِكُمْ لِلذَّكّرِ مِثْلُ حَظّ الْأُنْفَيْنِ آلخ ـ (آخرى ركوء تك، النساء ): ١١)
{Allah enjoins you concerning your children for the male is she share equivalent of
that of two females ... } (4:11 complete subject).
The Prophet صلى الله عليه وسلم sent message to Sa'd's brother in accordance with it apportioning
the shares.
Dead: Sa'd (24)
brother
wife
daughter
Daughter
5
3
8
8
SHARES OF DAUGHTERS, SON'S DAUGHTER, SISTER
(٣٠٥٩) وَعَنْ هُزَيْلِ بْنِ شَرَحُبِيْلٍ قَالَ سُئِلَ أَبُوْمُؤْسى عَنْ ابْنَةٍ وَبِنْتِ ابْنٍ وَأُخْتٍ فَقَالَ لِلْبِنْتِ النِّصْفُ
وَلِلْأُخْتِ النِّصْفُ وَأْتِ ابْنَّ مَسْعُودٍ فَسَيَُّا بِعُنِيْ فَسُئِلَ ابْنُّ مَسُْوْدٍ وَأُخْبِرَ بِقَوْلٍ آٍ مُؤْسِى فَقَالَ لَقَدْ ضَلَلْتُ
إِذَا وَمَا أَنَا مِنَ الْمُهْتَدِيْنَ أَقْفِىْ فِيْهَا بِمَا قَقَى النَّيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لِلْمِنْتِ النِّصْفُ وَلِابْنَةِ الْإِبْنِ السُّدُسُ
تَّكُمِلَةَ القُّلُفَيْنِ وَمَا بَقِى فَلِلْأُخْتِ فَأَتَيْنَا آبَا مُؤْسى فَأَخْبَرْنَاءُ بِقَوْلِ ابْنِ مَسْكُوْدٍ فَقَالَ لَا تَسْأَلُوْنِ مَادَامَ هُذَا
اُحِبْرُ فِيُكُمُ- (رواه البخارى)
3059. Sayyiduna Huzayl ibn Shurahbil aluz, reported that Sayyiduna Abu Musa z
à was asked about (the inheritance of) a daughter, son's daughter and a sister. He
said, "The daughter will get half and the sister half (but the granddaughter will get
nothing). So to Ibn Mas'ud and you will see that he concurs with me." So, Ibn
Mas'ud رضى الله عنه was asked and informed of the opinion of Abu Musa رضى الله عنه. He
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said, "In that case, I would have gone astray and would not be among those who are
guided. Rather, I shall decide in this case as (Allah's) Prophet صلى الله عليه وسلم had done.
The daughter will get half, the son's daughter one-sixth which adds up to two-
thirds, and the rest the sister will get.' (The narrator said:) "We went to Abu Musa
He exclaimed, 'Ask me .رضى الهعنه and reported him of the words of Ibn Mas'ud رضى الله عنه
not as long as this scholar is among you.1
COMMENTARY: What Sayyiduna Abdullah ibn Mas'ud a>, said was that the legacy of
the dead person be divided in six portions in such a way that the daughter gets three
shares, granddaughter (from son) one share and sister two shares.
PATERNAL GRANDFATHER'S SHARE
(٣٠٦٠) وَعَنْ عِمْرَانَ بْنِ حُصَيْنٍ قَالَ جَاء رَجُلْ إِلى رَسُوْلِ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ إِكَّ ابْنِى مَاتَ
فَمَالِيٌّ مِنْ مِيْرَاثِهِ قَالَ لَكَ الشُّدُسُ فَلَنَّا وَلَّى دَعَاهُ قَالَ لَكَ شُدُسْ أَخَّرُ فَلَتَّا وَلَّى دَعَاهُ قَالَ إِثَّ الشُّدُسَ
الْآخَرَ ◌ُعْمَةٌ لَكَ - رَوَاهُ أَحْمَدُ وَالتِّرْ مِذِىُّ وَأَبُوْدَاؤدَ وَقَالَ التِّزْمِذُِّ هُذَا حَدِيْثُ حَسَنْ صِهْ۔
3060. Sayyiduna Imran ibn Husayn us & , narrated that a man came to Allah's
Messenger صلى الله عليه وسلم and submitted, "My son's son has died. What do I get as
inheritance?" He said, "For you is one-sixth." AS he prepared to depart, he called
him and said, 'You get an additional one-sixth too." And, as he turned to go, he
called him again and said, "The second one-sixth is your provision (and nor
mafrudah or prescribed)."2
COMMENTARY: The first one-sixth was because the grandfather was a dhawil furud
while the second portion was an account of his being an asabah. In this way, he got one
third of the legacy.
The Prophet صلى الله عليه وسلم did not give him all one third together lest he suppose that a
grandfather gets from his son's son as a dhawil furud one third.
As for the ruing, suppose that a man died leaving two daughters and a paternal
grandfather. The two daughters qualify for two thirds of the legacy. Of the remaining, the
grandfather qualifies for half of one third or one six of the legacy as a dhawil furud and he
will also get the remainder (one sixth of the legacy) being an asabah too. It is like this:
Dead person's legacy
- 6 -
daughter, daughter
(4)
grandfather
bil furud & asabah
(2)
GRANDMOTHER'S SHARE
(٣٠٦١) وَعَنْ قَبِيْصَةَ بْنِ نُوَيْبٍ قَالَ جَاءَتِ الْجُدَّةُ إِلَى أَبِ بَكْرٍ تَسْأَلَّهُ مِيْزَائَهَا فَقَالَ لَّهَا مَالَكِ فِي كِتَابِ اللهِ
شَهِىٌ وَمَالَكِ فِيْ سُنَّةٍ رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ شَهِىٌ فَارْجِمِى حَتَّى أَسْأَّلَ النَّاسَ فَسَأَلَ فَقَالَ الْمُغِيْرَةُ
1 Bukhari # 6736, Tirmidhi # 2100, Ibn Majah # 2721, Darimi # 2890, Musnad Ahmad 7-389.
2 Tirmidhi # 2106, Abu Dawud # 2896.

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بُنُ شُعْبَةً حَضَّرُتُ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَعْظَاهَا الشُّدُسَ فَقَالَ أَبُوْبَكْرٍ هَلْ مَعَكَ غَيْرُكَ فَقَالَ
مُحَمَّدُ بْنُ مَسْلَمَةً مِثْلَ مَا قَالَ الْمُغِيْرَةُ فَأَنَفَذَهُ لَهَا أَبُوْبَكْرٍ ثُمَّ جَاءَتِ الْجُدَُّ الْأُخْرِى إِلى حُمَرَ تَسْأَلُهُ مِيْرَاثَهَا
فَقَالَ هُوَ ذُلِكَ الشُّدُّسُ فَإِْ اجْتَمَعْتُمَا فَهُوَ بَيْنَكُمَا وَآَيَّئُكُمَا خَلَتُ پِهِ فَهُوَ لَهَا۔ (رواه مالك واحمد
والترمذى وابوداؤد والدارمى وابن ماجة)
: 3061. Sayyiduna Qabisah ibn Dhu'ayn «sàn », narrated that a grandmother came to
Sayyiduna Abu Bakr رضى الله عنه and pleaded for her share of legacy. He said that
صلى الله عليه وسلم nothing was specified for her in Allah's Book or in the sunnah (Prophet's
practice) of His Messenger ac ans», but advised her to go home and let him consult
the people (meaning, the scholars among the sahabah) usd +). So, he made enquires
and Sayyiduna Mughirah ibn Shu'bah a+, said, "I was with Allah's Messenger
asked رضى الله عنه when he gave a grandmother one sixth (share)." Abu Bakr صلى الله عليه وسلم
him if anyone else had been with him (at that time) and Sayyiduna Muhammad ibn
Masalamah رضى الله عنه confirmed what Mughirah had said. So, Abu Bakr رضى الله عنه gave
her that (one sixty) portion.
Another grandmother came to Sayyiduna Umar «så +, pleading for her inheritance.
He said, "It is that (same) one-sixth. If there are two of you, it is between both of
you survives (the other), she gets all (of it)."1
COMMENTARY: The grandmother could be maternal or paternal. The one who had come
to Sayyiduna Abu Bakr we à +, was a maternal grandmother while she who came to
Sayyiduna Umar usano, was a paternal one. This is explicit in another version.
Sayyiduna Abu Bakr us a +, had presumed that there was only one grandmother. But,
when Sayyiduna Umar us an , learnt that there also was a paternal grandmother, he
instructed that they divide the share between themselves, one-sixth for both together.
GRANDMOTHER'S SHARE WHEN SON IS ALIVE
(٣٠٦٢) وَعَنِ ابْنِ مَسْعُوْدٍ قَالَ فِىِ الْجُدَّةِ مَعَّ ابْنِهَا أَنَّهَا آَوَّلُ جَدَّةٍ أَطْعَمَهَا رَسُوْلُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
سُدُسَّا مَعَّ ابْنِهَا وَابْنُهَا حَيْ رَوَاهُ التِّرْ مِذِىُّ وَالدَّارِمِيُّ وَالتِّرْمِذِىُّ ضَغَفَئِ
3062. Sayyiduna Ibn Ma'sud usd +, narrated that about a grandmother who had her
son that she was the first grandmother whom Allah's Messenger صلى الله عليه وسلم gave
one-sixth (share) while she had a son who was alive.2
COMMENTARY: Someone died leaving his paternal grandmother and father. The prophet
had one-sixth of the legacy given to her though her son - the dead person's صلى الله عليه وسلم
father - was alive. The ulama (Scholars) rule that if the dead man's dad is living, then the
grandmother gets noting from the legacy. She is deprived of her grandson's inheritance
when his father is alive.
1 Tirmidhi # 2107, Abu Dawud # 2894, Ibn Majah # 2723, Darimi # 2939, Muwatta Maalik # 4
(Fara'id), Musnad Ahmad 4-225.
2 Tirmidhi # 2109, Darimi # 2932.
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The ulama (Scholars) do not abide by this hadith because it is da'if and not eligible as
evidence. Only sahih ahadith serve as sources of deduction.
Or, we may say that this was an exceptional case. The Prophet صلى الله عليه وسلم had something
given to her as a favour and kindness not as an inheritance.
BLOOD MONEY IS FOR HEIRS OF THE SLAIN
(٣٠٦٣) وَعَنِ الضَّحَاكِ بْنِ سُفْيَاَ اَثَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ كَتَبَ إِلَيْهِ آَْ وَرِّثِ اهْرَأَةَ
أَشْيَمَ الضِبَانِ مِنْ دِيَةٍ زَوْجِهَا - رَوَاءُ التِّرْ مِذِىُّ وَأَبُوْدَا ؤدَ وَقَالَ التِّزْمِذُِّ هَذَا حَدِيْثُ حَسَنْ صَحِيُ۔
3063. Sayyiduna Ad-Dahhak ibn Sufyan was+, narrated that Allah's Messenger
duy Ale an wrote to him instructing him to let the wife of Ashyam Dadabi have her
share of bloodwit (which was paid for her husband.1
COMMENTARY: Ashyam Dadabi was killed by mistake, unintentionally. So the man
. رضى الله عنه instructed Dahhak صلى الله عليه وسلم responsible was bound to pay blood wit. The prophet
to let his wife have her share of inheritance from that blood wit.
According to sharh us sunnah (Prophet's ,ledo practice), this hadith is evidence that it is
wajib (obligatory) to pay bloodwit for the slain person and the receipts there from revert to
the heirs as other property of the slain person. Most ulama (Scholars) agree with it.
It is reported that the amir ul mu'minin (commander of the faith) umar ibn Khattab us no,
used to deny women from a share in the boodwit of their slain husbands. So, Dahhak a+,
presented to him this hadith to prove that a wife is eligible to receive the share of
inheritance from bloodwit paid against the killing of her husband.2
(٣٠٦٤) وَعَنْ تَوِيُِّنٍ الدَّارِيِّ قَالَ سَأَلْتُ رَسُولَ اللُّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَا الثُّنَّةُّ فِىِ الرَّجُلِ مِنْ آَهْلٍ
الشِّرُكِ يُسْلِمُ عَلَى يَدَى رَجُلٍ مِنَ الْمُسْلِمِيْنَ فَقَالَ هُوَ أَوْلَى النَّاسِ بِمَّحْيَّاهُ وَمَمَاتِه۔ (رواه الترمذى وابن ماجة
والدارمى)
3064. Sayyiduna Tamim Dari was +, reported that he asked Allah's Messenger and.
practice) about a man of the صلى الله عليه وسلم what is the sunnah (Prophet's" عليه وسلم
polytheists who embraces Islam at the hands of a Muslin?" He said, "He is the
nearest to him in life and death (having the greatest right to him as his mawla)."3
COMMENTARY: Sayyiduna Tamim Dari usan+, was a glorious and great sahabi. He had
been a Christian who embraced Islam in 9 AH. Thereafter, his life was an example of fear of
Allah and devoted worship to such on extent that he was distinguished for vigil in the
night. In one raka'ah of salah (prayer) in the night, he recited the entire Quran and
sometimes he kept repeating just and verse till it was morning. By a coincidence, he missed
the tahajjud (supererogatory prayer) one night, so he punished himself by refraining from
1 Tirmidhi # 2117, Abu Dawud # 2927, Ibn Majah # 2642, Muwatta Maalik # (Uqul). Musnad Ahmad
3. 452.
2 See hadith of Sayyiduna Sa'eed ibn Musayyib (# 2117, Tirmidhi). Dahhak As a +, convinced Umar
.hat it is payable رضى الله عنه
3 Bukhari (Book of Inheritance chapter 22) heading Tirmidhi # 2119, Abu Dawud # 2918, Ibn Majah #
2752, Darimi # 3022, Musnad Ahmad 4. 103.
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sleep for one year continuously.
Sayyiduna Tamim Dari usalo, is also distinguished as the first person to light a lamp
in a mosque.
If anyone embraces Islam at the hands of another then the Muslim becomes the mawla of
the neo-Muslim. In early Islam, the mawla (and new Muslim) were heirs of one another.
Later, this command was withdrawn.
Some authorities interpret the concluding words to mean that he who prompts anyone to
become a Muslim has the duty imposed on him most of all else to help the neo Muslim in
his life time and on his death lead his funeral salah (prayer).
EMANCIPATED SLAVE & HE WHO SETS HIM FREE
(٣٠٦٥) وَعَنِ ابْنِ عَبَّاسِ آَكَّ رَجُلَّا مَاتَ وَلَمْ يَدَءُ وَارِئًا إِلَّ غُلَامًا كَتَ أَعْتَقَّهُ فَقَالَ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ
وَسَلَّمَ هَلْ لَهُ أَحَدْ؟ قَالُوا لَا إِلَّا غُلَامْ لَهْ كَاتَ أَعْتَقَّهُ فَجَعَلَ النَّبِىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مِيْرَائَةً لَّه- (رواه
ابوداؤد والترمذى وابن ماجة)
3065. Sayyiduna Ibn Abbas can, narrated that a man died leaving no heir except a
slave whom he had set free. The prophet ,,ledo asked, "Has he any heir?" They
said, 'No, save one slave whom he had emancipated." So the Prophet صلى الله عليه وسلم got
the legacy of the man given to the f reedman.1
COMMENTARY: The prophet صلى اللهعليه وسلم had the legacy of the man who set him free given
to the freedman as a gesture of goodwill otherwise he is not an heir of the one who freed
him according to Shariah. It is like the hadith # 3055 of Sayyidah Ayshah que às +, where it
has been explained why the Prophet صلى الله عليه وسلم did so.
Shurayh ats, and Tawus acal +, deduce from the apparent meaning of this hadith that just
as the master who sets free his slave can be an heir of his freedman. So, too the freedman
may become the heir of him who emancipates him.
WHO INHERITS WALA
(٣٠٦٦) وَعَنْ عَمْرٍو بُنِ شُعَيْبٍ عَنْ آَبِيُّهُ عَنْ جَدِّهِ أَثّ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ يَرِثُ الْوَلَّاءِ مَنْ يَرِثُ
الْمَالَ - رَوَاهُ التِّرْمِذِىُّ وَقَالَ هُذَا حَدِيْثُ إِسْنَادُهُ لَّيْسَ بِالْقَوِيّ -
3066. Sayyiduna Amr ibn Shu'ayb als, narrated from his father from his grandfather
that the prophet yo,loin ho said, "He inherits wala who inherits the property."2
COMMENTARY: The property of the freedman is called wala. Thus, if Zayd's father dies and
afterwards his father's freedman dies then zayd will inherit his property. Just as he is heir to
his father's property, he also is heir to his father's wala. However, this ruling applies only to
asabah meaning the asabah heir like a son. So, the daughter of one who sets free cannot be
heir to her father's wala because, though she inherits her father's property, she is not asabah.
Only men are asabah binafsihi. A woman can inherit the property of a freed slave (male or
female) whom she herself has set free or whom her freed slave may have freed.
1 Tirmidhi # 2113, Abu Dawud # 2905, Ibn Majah # 2714, Musnad Ahmad 1-221.
2 Tirmidhi # 2121.
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الفَصلُ الثَّالِثُ
SECTION III
LEGACY DISBURSED BEFORE ISLAM IS RETAINED
(٣٠٦٧) عَنْ عَبْدِ اللَّهِ ابْنِ حُمَرَ أَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ مَا كَانَ مِنْ مِيْرَاثٍ قُسِمَ فِى الْجَاهِلِيَّةِ
فَهُوَ عَلَى قِسْمَةِ الْجَاهِلِيَّةِ وَمَا كَانَ مِنْ مِيْرَاتٍ آدْرَكَةُ الْإِسْلَامُ فَهُوَ عَلَى قِسْمَةِ الْإِسْلَامِ- (رواه ابن ماجة)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Umar .3067
, said, "The inheritance that was distributed during the jahiliyah (ignorance
period) (days of ignorance) will be retained according to the distributed of those days.
And the legacy of Islam will be in conformity with the division approved by Islam."1
COMMENTARY: Whatever inheritance was divided in pre-Islamic period would not be
disturbed after Islam whether it was unjust to some or favourable to others. But, any
distribution after Islam would follow its commands.
UMAR'S Aucan+, SURPRISE AT THE EXCLUSION OF PATERNAL AUNTS
(٣٠٦٨) وَعَنْ مُحَتَّدِ بْنِ آَبٍ بَكْرِ بْنِ حَزْمٍ أَّهُ سَمِعَ آتَاهُ كَثِيْرًا يَقُوُلُ كَاتَ حُمَرُ بْنُّ الْخُطَّابِ يَقُوُلُ عَجَبًا
لِلْعَمَّةِ تُؤْرِثُ وَلَا تَرِثُ- (رواه مالك)
3068. Sayyiduna Muhammad ibn Abu Bakr ibn Hazm reported that he heard his
father say many times that Sayyiduna Umar ibn Khattab us an so, would say, "How
surprising that one may inherit from a paternal aunt but she does not inherit!"2
COMMENTARY: Umar cà+, expressed surprise only because a man's intelligence cannot
grasp the reasoning for it, otherwise from the point of view of submission or knowledge
that only Allah knows the wisdom behind it there is nothing to be surprised about.
A paternal aunt cannot inherit from her nephew, for instance, but he can inherit from her,
some ulama (Scholars) hold that a dhawil arham is not an heir of the dead person. On the
other hand according to some ulama (Scholars) who place her as a dhawil arham, she can
inherit from her nephew because they go by the details in the science of fara'id which may
be consulted.
NECESSARY TO ACQUIRE KNOWLEDGE OF FARA'ID (LAW OF INHERITANCE)
(٣٠٦٩) وَعَنْ عُمَرَ قَالَ تَعَلَّمُوا الْفَرَائِضَ وَزَادَ ابْنُ مَسْعُوْدٍ وَالطَّلَاقَ وَالْحُمَّ قَالَا فَإِنَّهِ مِنْدِيْنِكُمُ-(رواه الدارمى)
3069. Sayyiduna Umar usar+, said that one must learn the rules of inheritance.
Sayyiduna Ibn Mas'ud c a+, also added (that the rules) "of divorce and of the
pilgrimage" (must also be learnt). Both of them said, "Because this is part of
your religion."3
1 Ibn Majah # 2749.
2 Muwatta Maalik # (Fara'id).
3 Darimi # 2851.

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CHAPTER - XX
(AL-WASAYA) WILLS
بَابُالْوَصَايَا
Wasaya is the plural of wasiyah in the same way as Khataya is plural of Khatiyah. Wasiyah
is that a person instruct his heirs during his lifetime to do certain things for him after his
death like a will: to build a mosque or any such thing, or to pay someone some money, or
to atone for his lapses in discharging obligatory duties like salah (prayer) or zakah (Annual
due charity). Sometimes, wasiyah stand for advice, counsel, recommendation.
According to the ulama (Scholars) zawahir it is wajib (obligatory) to make a wasiyah. (they
are the ulama (Scholars) who abide by the zahir or apparent meaning of the Quran and
hadith.) However, according to all the other ulama (Scholars) it was wajib (obligatory) to
make a wasiyah or will initially which means that a person had to specify shares at will for
his parents, relatives, etc, from his property. When the verse of inheritance was revealed
and Allah Himself defined the shares, this command was abrogated. Hence, it is not proper
now for anyone to make a will for an heir, but a will may still be drawn for one-third of
one's property if one desires). In this way, a person may leave instructions to spend in
Allah's path on his behalf to atone for his shortcoming during his life, Or, he may leave
something for a distant relative, friend or servant, from the one third.
The ulama (Scholars) say that if anyone has to repay a debt or return someone's trust then
it is binding on him to leave instructions for repayment of debt or return of the trust. He
should write down a will duly attested by witnesses.
SECTION I
الفضل الأول
COMMAND TO DRAW A WILL
(٣٠٧٠) عَنِ ابْنِ عُمَرَ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَا حَقُ امْرٍِ مُسْلِيٍ لَّهِ شَىْءِ يُوضِى فِيْهِ يَبِيتُ
لَيْدَيْنِ إِلَّا وَوَصِيَّ ه مَكْتُوْبَةٌ عِنْدَه- (متفق عليه)
3070. Sayyiduna Ibn Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"It does not behave a Muslim, who possesses something for which he ought to
make a bequest, to let two nights go by without drawing a will for it."!
COMMENTARY: If a person has to discharge a duty or a right or a trust of some people
then he must write down a will within two nights, meaning in the shortest possible time.'
Life is unpredictable and if a person dies without discharging his obligations then he will
carry the punishment with him to the next world.
A will should be drawn for such things in the shortest possible time and fuly witnessed
by two people.
WILL MAY BE DRAWN FOR ONE-THIRD PROPERTY
(٣٠٧١) وَعَنُ سَعْدٍ بُنِ آَبِيٍ وَقَّاصٍ قَالَ مَرِضُتُ عَامَ الْفَتْحِ مَرَضًّا أَشْفَيْتُ عَلَى الْمَوْتِ فَأَتَانِ رَسُولُ اللُّهِصَلَّى
1 Bukhari # 2738, Muslim # 1-1627, Tirmidhi # 2125, Abu Dawud # 2862, Nasa'i # 3612, Ibn Majan #
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اللَّهُ عَلَيْهِ وَسَلَّمَ يَعُوْدُنِ فَقُلْتُ يَا رَسُوْلَ اللَّهِكَّ لِيْ مَالَّا كَثِيْرًّا وَلَيْسَ يَرِثُّنِيْ إِلَّ ابْنَتِىْ آَفَأُ وُصِئْ بِمَا لِيُ كُلِّم
قَالَ لَا قُلْتُ فَقُلُقَوْ مَالِيْ قَالَ لَا قُلْتُ فَالشَّظُرُ قَالَ لَا قُلْتُ فَالثُّلُتُ قَالَ القُّلُثَ وَالثُّلُثُ كَثِيْ إِنَّكَ آَنْ
تَذَرْوَرَ ثَتَكَ أَغْنِيَاءَ خَيْرٌ مِنْ أَنْ تَذَّرَهُمْ عَالَةٌ يَتَكَفَّفُوْنَ النَّاسَ وَإِنَّكَ لَنْ تُنْفِقَ نَفَّقَةٌ تَبْتَغِيْ بِهَا وَجُهُ
اللّهِ إِلَّ أُجِرْتَ بِهَا حَتَّى اللُّقُمَةَ تَرْفَهُهَا إِلَى فَ امْرَأَتِكَ - (متفق عليه)
3071. Sayyiduna Sa'd ibn Abu Waqqas cal +, narrated that he fell ill in the year of
the conquest (of Makkah) with an illness that took him near death. Allah's
Messenger صلى الله عليه وسلم visited him and he submitted, "O Messenger of Allah, I have
abundant wealth and my daughter is my only heir, may I make a will of all my
wealth?" He said, "No," so he asked, "Two thirds of my wealth?" He said, "No"
Then he asked, "Half?" He said, "No!" He asked, "Then one third?" He said, "One
third but one third is much. If you leave your heirs rich, it is better than your
leaving them poor and begging from people. You will not spend anything seeking
thereby Allah's pleasure but you will earn a reward for it, even a morsel that you
raise up to the mouth of your wife."
COMMENTARY: Sayyiduna Sa'd us à», did not have an heir from dhawil furud. Or, he
meant that he had no heir about whom he was not apprehensive that he would squendar
his wealth, except a daughter. It has been deduced that he had many asabah heirs.
This hadith is evidence that it is allowed to collect wealth. Also, the heirs must be treated
fairly with justice.
The ulama (Scholars) say unanimously that if there are successors of a dead person then his
wili cannot be executed beyond one-third of his legacy. If the heirs give their willing
consent then not only more than one-third but all the legacy may be given away in
accordance with his will provided, of course, all the heirs are sane adults and present there.
Even if there is no heir of anyone then most ulama (Scholars) maintain that only one-third
is allowed for a will, not more. However, Imam Abu Hanifah alos, and his followers
regard it is permissible in this case to make a will for more than one-third of the total
wealth. Imam Ahmad and Ishaq amar, hold the same opinion.
. This hadith calls for kind treatment to relatives and love and compassion be shown to the
heirs. It teaches us other things too.
(1)
It is better to spend one's wealth on one's own relatives than to give it to others.
(2)
If Allah's pleasure is in mind then spending on one's family earns a reward.
(3)
If Allah's pleasure is aimed at then even something that is permissible is
regarded as obedience and worship. For instance, one's wife is a source of
physical and worldly pleasure and if, by way of enjoyment, a man puts a
morsel of food in her mouth, it has nothing to do with obedience and worship
or affairs of the hereafter, yet the Prophet صلى الله عليه وسلم said that if it is done to
please Allah, it fetches reward. Hence in other conditions, more and better
reward will be received.
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SECTION II
الفضلُ الثَّانِىِ
(٣٠٧٢) عَنْ سَعُدٍ بُنِ آَنٍ وَقَّاصٍ قَالَ عَادَنِ تَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ وَأَنَا مَرِيُضْ فَقَالَ أَوْصَيْتَ قُلْتُ
نَعَمُ قَالَ بِكُمْ قُلْتُ بِمَالِيْ كُلِّهِ فِي سَبِيْلِ اللَّهِ قَالَ فَمَا تَرَكْتَ لِوَلَدِكَ قُلْتُ هُمْ أَغْنِيَاءُ بِخَيٍْ فَقَّالَ أَوْصِ
بِالْعُشْرِ فَمَازِلْتُ أُنَاقِصُهُ حَتَى قَالَ أَوُصِئْ بِالقُّلُثِ وَالقُلُثُ كَثِيٌ- (رواه الترمذى)
صلى الله narrated that Allah's Messenger رضى الله عنه Sayyiduna Sa'd ibn Abu Waqqas .3072
dujule visited him when he was ill. He asked him whether he had drawn a will. He
said, "Yes." He asked, "For how much?" He said, "For all my wealth to be given
away in Allah's path." He asked, "How much have you left for your children." He
said, "They are rich and well-off." He said, "Draw the will for only one-tenth," and
Sa'd did not ceased to say that it was to little till he said, "Make a will for one third
though one third is too much."1
WILL FAVOURING HEIR IS NOT PROPER
(٣٠٧٣-٣٠٧٤) وَعَنْ آنِيْ أُمَامَةً قَالَ سَمِعْتُ تَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَقُوُلُ فِيْ خُطْبَتِهِ عَامَـ حَجَّةٍ
الْوَدَاءِ إِثَّ اللهُ قَدْ آَعلى كُلَّ ذِئْ حَقٍ حَقَّه فَلَا وَصِيَّةً لِوارِثٍ- رواه ابوداؤد وابن ماجة وزاد الترمذى
"اَلْوَلَدُ لِلْفِرَاشِ وَلِلْعَاهِرِ حَجَرٌّ وَحِسَابُهُمْ عَلَى اللّه" وَيَرُوِىْ عَنْ إِبْنِ عَّاسِ عَنِ النَِّيِّ صَلَّى اللهُ عَلَيْهِ
وَسَلَّمَ قَالَ لَا وَصِيَّةً لِوَارِثٍ إِلَّ أَنْ يَّشَاءِ الْوَرَثَةُ مُنْقَطَةٌ هَذَا لَفٌْ الْمَصَابِيْحَ وَفِي رِوَايَةِ الدَّارِ الْقُطْنِ قَالَ
لَا تَجُوزُ وَصِيَةً لِوَارِثٍ إِلَّا أَنْ يَشَاءَ الْوَرَئَةُ.
صلى narrated that he heard Allah's Messenger رضى الله عنه Sayyiduna Abu Umamah .3073
play the art say in his sermon in the year of the Farewell Pilgrimage, "Allah has
assigned every owner of rights, his right. There is no will for an heir" (Abu Dawud,
Ibn Majah. But, Tirmidhi added:)
"The child belongs to the (owner of the) bed. For the adulterer are stones and his
reckoning is with Allah."
صلى narrated in a munqata form that the Prophet رضى الله عنه Sayyiduna Ibn Abbas .3074
tlou said, "There is no will for an heir unless the (other) heirs wish so."2
(These are the words of 'al Masabih. The version of Daraqutni is that he said:)
"No will is allowed for an heir except when the (other) heirs consent."3
COMMENTARY: Allah has given right to every owner of rights. This means that Allah has
specified shares to the heirs. So if the dead person leaves a will favouring an heirs, it will be
disregarded by Shari'ah (divine law). However, if all the heirs are sane and adult and they
abide by the dead person's will be give one of them more than the specified share then that
١
1 Tirmidhi # 977, Nasa'i # 3631, However, Tirmidhi has Sa'd ibn Maalik us an +, because he was
called so too.
2 Tirmidhi # 2127, Abu Dawud # 2870, Ibn Majah # 2713, Nasa'i # 3671, Musnad Ahmad 5-267.
3 Daraqutni # 89.

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is acceptable as stated previously.
Before the verse of inheritance was revealed, it was wajib (obligatory) to draw a will in
favour of the relatives. When that verse came down specifying shares for all heirs, the
command to draw a will for the heirs was abrogated.
The word (A) firash applies to woman but here it implies (w) (husband of the
woman). The child will not be attributed to the adulterer but to the owner of the bed be he
husband of the woman or her master if she is a slave, or the man who had mistakenly
sexual intercourse with the woman. (see hadith # 3362 too)
The words 'for the adulterer are stones' mean that he is deprived. He gets nothing. He will
get no inheritance from the illicit child. Or it means that he would be stoned to death (if he
was married).
His fate is in Allah's hand. In this world he is punished but in the hereafter Allah may
punish him or forgive him. Even if he escapes worldly punishment, Allah might punish
him or pardon him.
DO NOT WILL FOR ANOTHER AT THE COST OF YOUR HEIR
(٣٠٧٥) وَعَنُّ أَبٍ هُرَيْرَةَ عَنْ رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ إِّ الرَّجُلَ لَيَعْمَلُ وَالْمَرْأَّةَ بِطَاعَةِ اللهِ
سِّيْنَّ سَنَةً ثُوَّ يَحْشُرُهُمَّا الْمُؤْتُ فَيُضَارَّانٍ فِى الْوَصِيَّةِ فَتَجِبُ لَّهُمَا النَّارُ ثُؤَّ قَرَأَ أَبُوْهُرَيْرَةً مِنْ بَعْدٍ وَصِيَّةٍ
يُّوْضِى بِهَا أَوْدَيْنٍ غَيْرَ مُضَارٍ إِلى قَوْلِهِ تَعَالى وَذْلِكَ الْفَوْزُ الْعَظِيُمُ - (رواه أحمد والترمذى وابوداؤد وابن ماجة)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3075
said, "Indeed, a man and a woman perform deeds in obedience to Allah for sixty
. years. Then death looms over them and they err in making a will causing loss (to
heirs) so the fire becomes necessary for them." Sayyiduna Abu Hurayrah + alt+,
then recited:
-
وصِيَّةٍ يُّوضى بِهَا أَوْدَيْنٍ غَيِّرَ مُضَارٍ ...... وَذَلِكَ الْفَوْزُ الْعَظِيْمُ
{ ... after (paying) bequest he may have bequeathed or debt .... And that is a mighty
triumph.|1 (4:11-13)
COMMENTARY: This hadith emphasizes the right of fellowmen. Some people spend their
lives in worship and devotion but do not cease to hurt fellow men and they earn the wrath
of Allah. The Prophet صلى الله عليه وسلم gave the example of those who unjust with their heirs.
Apart from causing wrong to fellowmen, it is a disobedience to Allah's command.
The verses recited by Sayyiduna Abu Hurayrah was +, also disallow the testator to draw a
will for more than one-third of his wealth, thereby depriving the heirs.
SECTION III
الفَصلُ الثَّالِثُ
TIDINGS FOR ONE WHO DRAWS A CORRECT WILL
(٣٠٧٦) عَنْ جَابِرٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ مَنْ مَاتَ عَلَى وَصِيَّةٍ مَاتَ عَلَى سَبِيْلٍ وَسُنَّةٍ وَمَاتَ
عَلَى تُقَّى وَشَهَادَةٍ وَمَاتَ مَنْفُوْرً ا لَهـ (رواه ابن ماجة)
1 Tirmidhi # 2124, Abu Dawud # 2867.

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3076. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, "He
who dies leaving a will dies on a path (the straight path) and a sunnah (Prophet's do
Luke & practice) (that is approved), and he dies on piety and a martyr's death, and
he dies forgiven."1
(The translation in Ibn Majah is 'testifying the truth' instead of 'a martyr's death.')
INFIDEL'S GET NO REWARD FOR GOOD DEEDS
(٣٠٧٧) وَعَنْ عَمْرٍ وبْنِ شُعَيْبٍ عَنْ آَيِّهِ عَنْ جَدِّه ◌َكَّ الْعَاصّ بْنَ وَائِلٍ أَوْضِى أَنْ يُعْتَقَّ عَنْهُ مِائَةُ رَقَبَّةٍ
فَأَعْتَقَ الْنُّدُ هِشَامٌ خَمْسِيْنَ رَقَّبَةً فَأَرَادَ ابْنُهُ عَمُرْ وَ آَنْ تُمْتِقَّ عَنْهُ الْخُمْسِيْنَ الْبَاقِيَّةَ فَقَالَ حَتّى أَسْأَلْ رَسُولَ اللّهِ
صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَأَنَّ النَّيَّ صَلَى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَ يَا رَسُولَ اللّهِثَّ أَبٍ أَوُضِى أَنْ تُمْتَقَّ عَنَّهُ مِائَةٌ
رَقَّبَةٍ وَإِنَّ هِشَامًا أَعْتَقَّ عَنْهُ خَمْسِيْنَ وَبَقِيَتُ عَلَيْهِ خَمْسُوْنَ رَقَّبَةٌ آفَأُعْتِقُ عَنْهُ فَقَالَ رَسُولُ اللهِ صَلَّى اللَّهُ
عَلَيْهِ وَسَلَّمَ إِنَّهُ لَوْ كَانَ مُسْلِمَّا فَاعْتَقْتُمُ عَنْهُ أَوْ تَصَدَّقْتُمُ عَنْهُ أَوْ حَجَجْتُمُ عَنْهُ بَلَغْه ذلِكَ-(رواهابوداؤد)
3077. Sayyiduna Amr ibn Shu'ayb au, narrated from his father (Shu'ayb) al uss
who from his grandfather (Abdullah) رضى الله عنه that Aas ibn Wail had willed that one
hundred slaves should be set free on his behalf. His son Hisham we al >, set fifty
slaves free. And, his (other) son Amr ucan +, intended to set free the remaining fifty
for him only after he had asked Allah's Messenger صلى الله عليه وسلم (about it). So he came
to the Prophet صلى الله عليه وسلم and asked, "O Messenger of Allah, my father left a will
(instructing us) that one hundred slaves should be set free on his behalf. Hisham
has set fifty free at his behest and fifty remain. Shall I set them free on his behalf?"
Allah's Messenger صلى الله عليه وسلم said, "If he was a Muslim and you had set slaves free
for him, or given sadaqah (charity) for him, or performed the Hajj (pilgrimage) in
his place that (reward) would have reached him."2
COMMENTARY: Aas ibn Wa'il did not embrace Islam though he was alive when the
Prophet صلى الله عليه وسلم invited people to Islam. He died a disbeliever. He had two sons,
Hisham رضى الله عنه and Amr رضى الله عنه both of who had received guidance. They were among the
.رضى اللهعنهم (sahabah (Prophet's Companions صلى الله عليه وسلم Prophet's.
The Prophet صلى الله عليه وسلم said to Amr رضى الله عنه that if his father were a Muslim, reward could
have been consigned to him. If any good deed was done at his behest that will be of no
avail and will deliver him from punishment.
WARNING TO THOSE WHO USURP RIGHT OF THE HEIRS
(٣٠٧٨) وَعَنْ آَنٍَّ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ قَطَةَ مِيْرَاتَ وَارِثِهِ قَطَعَ اللهُ مِيْرَاثَهُ مِنَ
الُجُنَّةِ يَوْمَ الْقِيَامَةِ- رَوَاهُ ابْنُ مَاجَۀً۔
3078. Sayyiduna Anas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, "He
who cuts off the inheritance of his heirs, Allah will cut off his inheritance of
7
1 Ibn Majah # 2702, Abu Dawud #
2 Abu Dawud # 2883.

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paradise on the day of resurrection."1
(٣٠٧٩) وَرَوَاهُ الْبَيْهَقِىُّ فِي شُعَبِ الْإِيْمَانِ عَنْ آَيْ هُرَيْرَةَ.
3079. Sayyiduna Abu Hurayrah uca+, narrated the same hadith.2
COMMENTARY: Allah has promised in the Quran that He would make the .believers heirs
to paradise.
يَرِئُونَ الْفِرُدُسِ
{(They) shall inherit paradise.} (23:11)
The Prophet's words mean that such a man will not be admitted to paradise in the beginning.
1 Ibn Majah # 2703.
2 Bayhaqi in Shu'ab ul Eeman.

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بسم الله الرحمن الرحيم
BOOK - XIII
NIKAH (WEDLOCK)
كِتَابُ التِگاح
MARRIAGE
WHAT IS NIKAH (WEDLOCK): Nikah (wedlock) means to meet and get together. It is
applied to the contract of marriage and to copulation which also is coming together.
However, authorities differ on which is the true meaning and which the metaphorical.
The jurists say that nikah (wedlock) is the particular agreement between a man and a wife. It
creates a matrimonial relationship between the two.
IMPORTANCE OF NIKAH (WEDLOCK)
NIKAH (WEDLOCK) & BELIEF: Nikah (wedlock) or marriage is not merely a social union
between two people, a need of an individual a natural longing or only a personal affair.
Rather, it is a basic pillar of the sustenance of human society and, from point of view of
Shariah, it possesses a special significance which can be gauged from the fact that every :
(divine law) from the time of Sayyiduna Aadam (XJIAle down to the : (divine law) of
prophet Muhammad صلى الله عليه وسلم has recognized nikah (wedlock). The ulama (Scholars) say
that there is no other worship that is practiced continuously to date from the times of
Sayyiduna Aadam (> Jule and will continue in paradise too other than nikah (wedlock) and
belief. They are the only ones. So, in every : (divine law), the marriage of man and woman
is legal under a distinctive agreement. This marriage of the two is not legal without the
agreement or pact in any Shariah or religion. Of course, the form of the agreement varies
and its conditions and rules differ (from religion to religion). This chapter discusses the
conditions and commands imposed by Islam as also the rules and regulations concerning
this subject.
ADVANTAGES & DISADVANTAGES OF MARRIAGE
VIRTUES: The singular and general advantage of marriage is the survival and continuance
of the human race and raising of the offspring. There also are other advantages and they
are:
(1)
Marriage checks sexual excitement which if unchecked leads a person to ruin.
This appetite transgresses all barriers of religion and manners and violates all
norms of nobility and human values but when lawful means are available to it
through marriage it obeys and respects all barriers of conduct.
(2)
The married couple set together their house in peace and comfort. They
depend on, and support, one another through vicissitudes of life.
(3)
The family expands through marriage and a person finds himself strong and
self-supporting.
(4)
Marriage causes a person to work hard and it removes lethargy and
carelessness. This is helpful in the worldly life as well as in religion and
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(5)
Pious children are born through marriage. They are the most previous asset in
life. A person finds solace through them in this world and earns success in the
next world.
AAFAT:
However, there are some things that cause hardship and difficulty to some
people because of marriage. They are termed aafat of marriage and are six in number.
(1)
Inability to seek the lawful earnings because of additional expense and new
kinds of worries. The urge to seek the lawful is not as strong as during single
life.
(2)
Greater involvement in unlawful affairs. The family life enhances needs and
raises standard of living on one's mind and to keep it up prohibited things are
sought without hesitation.
(3)
Negligence in giving rights of women. Islam has allowed great rights to
women. They include kindness and love for wife, but very few people observe
them and they do not allow wives the high rank Islam has given them. Rather,
they regard wives as subordinates. So, women's rights are violated. Not only is
it a social evil, it also is a grave sin and causes loss both in the hereafter and in
this life.
(4)
Men do not tolerate any kind of bed temper in women. This is because they
consider themselves as superior to them. They lose patience on the slightest
expression of displeasure by wives.
(5).
Disunited house when a wife is very bad tempered and nagging. This causes
immense discord and life is very disturbed for husbands.
(6)
Rights of Allah are flouted because of additional responsibility to wife and
children. Very few men maintain their religious life while looking after their
wives and children. They give up performance of many pious deeds.
Keeping the advantages and disadvantages (or aafat) before oneself, that should be
preferred which helps further a religious life. If one fears a nagging wife, and must realize
that unbridled sexual appetite will plunge one into sin. So it is better to bear the nagging
wife, and to marry, otherwise it would cause great religious loss.
THE COMMANDS TO MARRY
(1) According to the Hanafis, it becomes fard (compulsory) to marry when sexual excitement
is so strong that one is liable to commit fornication. A man is able to pay the dower and to
provide sustenance to his wife and he is confident that he would not be unjust and cruel to
his wife, but will be kind to her.
(2) It is wajib (obligatory) to marry when the sexual excitement and urge is within limits and
not likely to lead to illicit sex and the man is able to pay the dower and to maintain his
wife. Also, he is not likely to be cruel to his wife. If anyone has the sexual urge but is
unable to pay the dower and to maintain his wife then if he does not marry, that would not
be sinful. On the other hand, if one who is able to pay the dower and maintain his wife
does not marry then it is a sin.
(3) When the urge is moderate, it is sunnah muwakkadah (emphasized practice of Holy Prophet
,Ale à o) to marry. This means that the sexual urge is suppressible but the man has the
potency to cohabit with his wife and is able to pay the dower and to maintain his wife. In
this situation, it is a sin not to marry but to marry with intention to keep oneself away from
fornication and to have a large progeny earns a large reward.
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(4) It is makruh (disapproved) to marry when one is likely to be unjust or cruel to one's wife.
(5) It is forbidden to marry a woman when a man is certain that he would be cruel to his wife.
GIST: We know, therefore, that : (divine law) has made allowance for different
temperaments and situations. It is sometimes fard (compulsory), to marry, sometimes wajib
(obligatory), sometimes sunnah muwakkadah (emphasized practice of Holy Prophet ,,le ano)
and sometimes makruh (disapproved). At other times it is forbidden. Hence, a person must
act according to the situation best suited to him.
THE MUSTAHBAT OF NIKAH (WEDLOCK)
When a man or woman intends to marry, before making the proposal, they should find out
the background, habits and surroundings of one another. If they do not do that and later
find out something disagreeable in their partner that would create much unpleasantness in
their married life.
CRITERIA: It is mustahab (desirable) that the wife should be of a lower age, standing
pedigree and richness than her husband. But she should excel herself over him in manners,
good habits, beauty and piety. It is masnun for man to first see the woman he wishes to
marry provided he is confident of his proposal being accepted.
MAKE KNOWN: It is mustahab (desirable) to announce the marriage to the people. The
wedding should be conducted in public in the presence of relatives and friends from both
sides as also some ulama (Scholars).
THE QADI & THE WITNESSES: The nikah (wedlock) should be conducted by a pious and
righteous man. The witnesses too should be just, pious and God fearing.
PROPOSAL & ACCEPTANCE
Marriage takes place through proposal and acceptance. Both these words should be used in
the past tense (to imply that the marriage has taken place). The woman should say, "I have
given myself in marriage to your." Or her guardian should say to the man, "I have married
the woman whose name is .... to you." The man should answer, 'I have accepted." Or, one
of the words of the proposal and acceptance should be in the past tense, like the woman
offers, "Marry me," or her guardian says to the man, "Marry that woman whose name
is .... ," and the man consents, "I have married her." O:, it may be the other way about. The
man may say, "I have married you." The woman responds, "I consent." If the man asks the
woman, "Have you presented yourself tome in marriage?" or, "Have you accepted me?"
and the woman says only 'yes, have given" or "Yes, have given" or "Yes, have accepted"
without using the word 'I" the marriage will be valid nevertheless. However, it is not
enough to say before the witnesses, 'We are wife and husband," because marriage is not
contracted in this way.
Apart from using the past tense in proposal and acceptance, it is also necessary to use the
words nikah (wedlock) (marriage) and tazweej (marrying). Thus one may say, "I have
concluded nikah (wedlock) with you, or "I have made tazweej with you." Or, a synonym be
used that gives the meaning of marriage clearly, like a man saying. "I have made you my
wife," or "I have become your husband," or "you have become mine." He may not
specifically use the words nikah (wedlock) and tazweej or their synonyms but use a
figurative expression. This too is allowed provided it suggests someone's perfect
ownership in fact and in reality, like, gift, sadaqah (charity), ownership, sale or purchase,
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my being as a sadaqah (charity)," or "I have made you owner of my being," or "I have
bought you for so much money." The man should say in answer, "I have accepted."
However, for it to be correct is the condition that the speaker should have meant nikah
(wedlock) by his speech, and the context, too, suggests it, but if there is no such suggestion
in the text, the person accepting may have confirmed it and the witnesses may have
understood the meaning that the speech refers to marriage whether through a suggestion
in the text or by being told.
MUST HEAR ONE ANOTHER: The bride and bridegroom must each hear the other
making the proposal and accepting it. This may be directly from one another, or through
their attorney, or through their guardian.
WITNESSES: It is a condition that two men must witness the proposal and consent for the
marriage to be valid. The witnesses may be two men or one man and two women. They
must be free men or women, because the testimony of a female slave or a male slave is not
accepted. Also, they must be sane and Muslims. The testimony of Muslims is acceptable
even whether they are pious or sinners or they have been awarded the prescribed
punishment (or hadd) of qadhaf (for slander, eighty stripes). It is not a condition that the
witness should not be blind and not related to the spouses. Thus, the testimony of the blind
and of the relatives of the spouse will be accepted, even their sons or sons of either of them.
It is imperative that the witness must both together hear the proposal and consent and now
by them that the marriage is being contracted, though they may not understand the
meaning of the words (if they are in an alien language). If the witnesses do not both of
them hear the proposal and consent at the same time, but at different times then the
marriage is not validly conducted.
MINOR GIRL: If a man says to another, "Marry my minor daughter to so and so," and he
conducted her marriage to that man in the presence of her father and another man, then the
marriage is valid. But, if her father is not there, then the marriage will not be valid without
the presence of two men or one man and two women.
SECTION I
YOUNG PEOPLE SHOULD MARRY
الفضلُ الآول
(٣٠٨٠) عَنْ عَبْدِ اللَّهِ بْنِ مَسْمُوْرٍ قَالَ قَالَ تَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَا مَعْشَرَ الشَّبَابِ مَنِ اسْتَطَاءً
مِنْكُمُ الْبَاتَةَ فَلْيَتَزَّوَّبْ فَإِنَّهِ آَخَضُّ لِلْبَصَرِ وَأَحْصَنُ لِلْفَرْجِ وَمَنْ لَمْ يَسْتَطِعْ فَعَلَيْهِ بِالشَّوِْ فَإِنَّهِلَهُ وِجَالٌ
(متفق عليه)
صلى الله narrated that Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Mas'ud .3080
jule said, "O group of young people!' Those of you who can bear the burden (or a
family) should marry for it keep the eyes down (from ogling at women) and
preserves one from immorality. And those (of you) who cannot let him fast for it
dries up his lust."1
COMMENTARY: The prophet , anh mentioned two great advantages of marriage -
1 Bukhari # 5066, Muslim # 1-1400, Abu Dawud # 2046, Tirmidhi # 1083, Nasa'i # 2242, Ibn Majah #
1845, Darimi # 2165, Musnad Ahmad 1-432.

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abstaining from staring at strange women and from illicit sex.
LIMIT OF YOUNG AGE: When a person attains adulthood, he is among young men.
But, how long does this youth last? Imam Shafi'I als, says that it ends at the age of thirty,
but Imam Abu Hanifah als, puts it at forty.
LIFE OF CELIBACY DISALLOWED
(٣٠٨١) وَعَنْ سَعُدٍ بُنِ آَبٍ وَقَّاصٍ قَالَ رَدَّرَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَلَى عُثُمَانَ بُنِ مَظُهُوُنٍ
التَّبْتُلَ وَلَوْ آَذِجَّ لَهُ لَّاَ خْتَصَيْنَا- (متفق عليه)
صلى الله عليه narrated, "Allah's Messenger رضى الله عنه Sayyiduna Sa'd ibn Abu Waqqas .3081
du, denied Uthman ibn maz'un permission to observe (a life of) celibacy. If he had
permitted him, we would have had ourselves castrated."1
COMMENTARY: The Arabic word used in the hadith is (Je,J) (at-tabattul). It means to.
abstain from women and refrain from marrying. The Nasara (followers of Sayyiduna Easa
(>JIAle, the Prophet) consider celibate life a good and preferable thing to observe. The
ultimate aim of religion, according to them, is a man's keeping away from women and
remaining unmarried. Some other religions too regard it as piety to stay away from
marriage and pleasures of life. But Islam does not agree. Rather, it says that marriage is a
necessary part of man's life. Islam says that to abstain completely from the pleasures of life
and to endure self-imposed restrictions on oneself are not forms of worship. Rather, this
kind of life is rahbaniyah (monkery, monasticism) which has no place in this religion of
innate nature. Of course, Imam Shafi'I altas, does say that it is better to lead an unmarried
life, but this opinion of Imam Shafi'I alas, does not contradict the elementary goal of Islam
because it concerns mainly a superior mode which, moreover, is not concerned with
marrying or not marrying but only .with marrying or not marrying but only with (8,tilis)
(observing solitude for worship).
SHAFI'I VIEWPOINT: In other words, Imam Shafi'I means to say that to occupy in
worship is better than occupation in marriage. Mulla Ali Qari an tos, has reproduced in
'Mirqat' the arguments of Imam Shafi'I altas, and also of Imam Abu Hanifah ales, to prove
that tahil (married life) is better then tajarrud (unmarried life).
PROPHET'S , le à o DISALLOWANCE: Anyway when Sayyiduna Uthman ibn
Maz'un رضى الله عنه sought permission of the Prophet صلى الله عليه وسلم to lead a celibate life, he did
not permit him because Islam calls for increase in numbers through marriage so that a
greater number of worshippers of Allah spread on earth, and they wage jihad against
disbelief and falsehood.
SA'DS. AIM: The narrator of the hadith Sayyiduna Sa'd ibn Abu Waqqas we al+, disclosed
رضى الله عنه had given permission to Sayyiduna Uthman ibn Maz'un صلى اللهعليه وسلم that if the prophet
then the sahabah (Prophet's Companions) ( ano, would have had themselves castrated.
Then, they would have had no desire for women and would not have fallen into sin.
Teebi رحمه الله said that Sa'd رضى الله عنه meant that if the Prophet had given Uthman رضى الله عنه the
nod they too would have led a life of celibacy. The words he used were to emphasise tha t
1 Bukhari # 5073, Muslim # 6-1402, Tirmidhi # 1085, Nasa'i # 3209, Ibn Majah # 1848, Musnad
Ahmad 1-175, Darimi # 2167.
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Vol.3
they would have gone to that extent in leading a life celibacy as though they had been
castrated. He did not mean that they would have done that is reality. It is not permitted to
have oneself castrated.
FORBIDDEN TO HAVE ONESELF CASTRATED: Allamah (The learned Scholar)
Nawawi alu, said that Sayyiduna Sa'd ucan >, had not know that it is forbidden to a man,
young or old, to have himself castrated.
ABOUT ANIMALS: We must know about animals that it is forbidden to castrate every
animal that is not eaten. As for the animals that are eaten, it is allowed to castrated the
young animals but forbidden to do it to old animals This is what Allamah (The learned
Scholar) Nawawi Shafi'i an dos, has written but the books of figh Hanafi, Mukhtar and
Hidayah write that it is permitted to castrate animals without specifying their age.
PREFER A RELIGIOUS WINDED WOMAN AS WIFE
(٣٠٨٢) وَعَنْ أَبِئْ هُرَيْرَةً قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ تُنْكَّجُ الْمَرْأَةُ لِأَرْبَعْ لِمَا ◌ِهَا وَلِسَبِهَا
وَلِجَمَالِهَا وَلِدِيْنِهَا فَاظُفَرُ بِذَاتِ الدِّيْنِ تَرِبَتْ يَدَاكَ- (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3082
said, "A woman is married bearing four things in mind (about her): her property,
her ancestry, her beauty or her religion. So, make the choice of one who is religious.
May your hands be daubed with dust!"1
COMMENTARY: A woman chosen for her ancestry means that not only is she herself
noble and dignified but her family or tribe is also very honourable. This, indeed, is a
natural tendency is man to have a woman of high rank and nobility so that his children
belong to a high ranking family and ancestors.
The hadith calls on every religious man to opt for a woman who is pious. This ensures
good both in this world and the next.
The words 'may your hands be daubed with dust' seem to degrade someone but it is an
expression encouraging the addressee to action.
PIOUS WOMAN IS THE BEST ASSET IN THE WORLD
(٣٠٨٣) وَعَنْ عَبْدِ اللَّهِ بْنِ عَمْرٍ وقَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الذُّنْيَا كُلُّهَا مَتَاءٌ وَخَيْرُ مَتَّاعِ الدُّنْيَا
الْمَرأَُّ الشَّاِخُ-(رواه مسلم)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Amr .3083
, said, 'The world, all of it, is to be benefitted from for a while. And, the best of
the beneficial thing in the world is a righteous woman." (The word is (¿t) mata'
which means 'a thing of enjoyment.')2
COMMENTARY: Mata' is something from which benefit is derived for sometime before it
perishes. So, benefit may be derived from the world for some time. The benefit is short
lived. A pious righteous woman is the best of the worldly things from which benefit may
be derived because a pious woman is very helpful in doing deeds for the hereafter.
1 Bukhari # 5090, Muslim # 53-1466, Abu DAwud # 2047, Nasa'i # 3230, Ibn Majah # 1858, Musnad
Ahmad 2-428, Darimi # 2170.
2 Muslim # 64. 1467, Nasa'i # 3232, Musnad Ahmad 2-268.
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