Sunan Ibn Majah

Hadith 2721

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Sunan Ibn Majah · Hadith 2721

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Shares For Descendants

English source

Darussalam · Volume 4

23. The Chapters OnShares Of Inheritance

Sunan Ibn Majah Darussalam English translation

Arabic source
Shamela Arabic edition (opens in a new tab)

الحديث: 2721 ¦ الجزء: 2 ¦ الصفحة: 909

DarussalamSahihAl-AlbaniSahih
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Text and translation

English translation

2721. It was narrated that Huzail bin Shurahbil said: "A man came to Abu Musa Al-Ash'ari and Salmân bin Rabî'ah Al-Bâhili and asked them about (the shares of) a daughter, a son's daughter, a sister through one's father and mother. They said: 'The daughter gets one half, and what is left goes to the sister. Go to Ibn Mas'ud, for he will concur with what we say.' So the man went to Ibn Mas'ud, and told him what they had said. 'Abdullâh said: 'I will go astray and will not be guided (if I say that I agree); but I will judge as the Messenger of Allâh ﷺ judged. The daughter gets one half, and the son's daughter gets one-sixth. That makes two-thirds. And what is left goes to the sister.''" (Sahih)

Arabic text

2721 - حَدَّثَنَا عَلِيُّ بْنُ مُحَمَّدٍ قَالَ: حَدَّثَنَا وَكِيعٌ قَالَ: حَدَّثَنَا سُفْيَانُ، عَنْ أَبِي قَيْسٍ الْأَوْدِيِّ، عَنِ الْهُزَيْلِ بْنِ شُرَحْبِيلَ قَالَ: جَاءَ رَجُلٌ إِلَى أَبِي مُوسَى الْأَشْعَرِيِّ وَسَلْمَانَ بْنِ رَبِيعَةَ الْبَاهِلِيِّ فَسَأَلَهُمَا عَنِ ابْنَةٍ، وَابْنَةِ ابْنٍ، وَأُخْتٍ لِأَبٍ وَأُمٍّ، فَقَالَا: لِلِابْنَةِ النِّصْفُ، وَمَا بَقِيَ فَلِلْأُخْتِ، وَائْتِ ابْنَ مَسْعُودٍ، فَسَيُتَابِعُنَا، فَأَتَى الرَّجُلُ ابْنَ مَسْعُودٍ فَسَأَلَهُ، وَأَخْبَرَهُ بِمَا قَالَا: فَقَالَ عَبْدُ اللَّهِ: قَدْ ضَلَلْتُ إِذًا وَمَا أَنَا مِنَ الْمُهْتَدِينَ، وَلَكِنِّي سَأَقْضِي بِمَا قَضَى بِهِ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، «لِلِابْنَةِ النِّصْفُ، وَلِابْنَةِ الِابْنِ السُّدُسُ، تَكْمِلَةَ الثُّلُثَيْنِ، وَمَا بَقِيَ فَلِلْأُخْتِ»

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Commentary

The opinion of the two Companions was most probably based on the principle that in the presence of a close relative, distant relatives do not get any share, therefore, in the presence of a daughter they took the share of the grand-daughter and they suggested to give the remainder to the sister. 'Abdullāh bin Mas'ud based his opinion on a principle that was not known to those two Companions. If the heirs are only two daughters, their fixed share is two thirds and in the absence of daughters, the share goes to grand daughters. As the share of one daughter is one half; in the absence of a daughter the share will go to the grand-daughter. In the light of these principles, the share of one daughter is one half and the share of one daughter and one granddaughter is two thirds, therefore, after deducting half from the two thirds, one sixth remains, which goes to the granddaughter. In this situation, the daughter and granddaughter do not get equal shares because their relationship with the deceased is not equal. In the presence of a daughter or daughters, the granddaughter or granddaughters' share stands as Asabah.