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Text and translation
English translation
2726. It was narrated from Ma'dân bin Abu Talhah Al-Ya'muri that 'Umar bin Khattâb stood up to deliver a sermon one Friday, or he addressed them one
Friday. He praised and glorified Allāh, and said: "By Allāh, I am not leaving behind any problem more difficult than the one who leaves behind no heir. I asked the Messenger of Allāh ﷺ, and he never spoke so harshly to me about anything as he spoke to me about this. He jabbed his finger into my side or my chest and said: 'O 'Umar, sufficient for you is the Verse that was revealed in summer, at the end of Surat An-Nisā'.'" (Sahih)
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Commentary
[صحيح] تقدم، ح ١٠١٤، بعضه، وهو في صحيح مسلم بطوله.
Those who leave behind neither descendent nor ascendant, their legacy is distributed among their brothers and sisters.
The Verse revealed in the summer is Verse no. 176 of Surat An-Nisā'. In this Verse, it is explained, that if a male dies and he has a sister from his mother and father i.e., real sister, or a sister from his father, i.e., stepsister, she will get one half of her brother's legacy. If the deceased is a female and she has a brother the entire legacy will go to him.
It is also mentioned in this Verse, that if such a person has two real sisters, or two sisters from his father, but from another mother, they will get two thirds of the legacy.
If the person who leaves behind no heir has real brothers and sisters, and he also has brothers and sisters from his father, but from another mother, in this situation, the legacy will be distributed such that every brother will get two shares and every sister will get one share.
In the case where a person has one uterine brother or one uterine sister from the same mother but from different fathers, he/she will get one sixth of the legacy, and if he has two brothers or more, and two sisters or more, they will get one third of the total legacy, and this will be equally distributed among them. In this case, brothers and sisters get equal shares. The brother's share is not double. (An-Nisā' 4:12)
