Inheritance & Wills

Muwatta Malik

Wills and Testaments

Malik related to me from Ibn Shihab from Said ibn al-Musayyab that Uthman ibn Affan said, "If someone gives something to his small child who is not old enough to look after it himself, and in order that his gift...

Mishkat al-Masabih

Inheritance and Wills

Abu Huraira reported the Prophet 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...

Mishkat al-Masabih

Inheritance and Wills

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.)

Mishkat al-Masabih

Inheritance and Wills

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.)

Mishkat al-Masabih

Inheritance and Wills

Anas reported the Prophet as saying, “The freedman* of a people is one of them.” * Maula. This word may mean either the one who emancipates or the one who has been emancipated, and therefore the tradition has received two...

Mishkat al-Masabih

Inheritance and Wills

He reported God’s Messenger as saying, “A sister’s son has blood- relationship to her family.” (Bukhari and Muslim.)

Mishkat al-Masabih

Inheritance and Wills

‘Abdallah b. ‘Amr reported God's Messenger as saying, “People of two different religions may not inherit from one another.” Abu Dawud and Ibn Majah transmitted it, and Tirmidhi transmitted it from Jabir.

Mishkat al-Masabih

Inheritance and Wills

Abu Huraira reported God’s Messenger as saying, “One who kills a man cannot inherit from him.” Tirmidhi and Ibn Majah transmitted it.

Mishkat al-Masabih

Inheritance and Wills

Buraida said that the Prophet appointed a sixth to a grandmother if no mother is left to inherit before her. Abu Dawud transmitted it.

Mishkat al-Masabih

Inheritance and Wills

Jabir reported God’s Messenger as saying, “When an infant has raised its voice and then dies*, prayer is offered over it and it is treated as an heir.” *"And then dies” does not occur in the text, but is obviously...

Mishkat al-Masabih

Inheritance and Wills

Kathir b. ‘Abdallah, on his father’s authority, said that his grand-father reported God's Messenger as saying, “The freedman of a people is one of them, the ally* of a people is one of them, and a sister’s son has blood-relationship...

Mishkat al-Masabih

Inheritance and Wills

Al-Miqdam reported God’s Messenger as saying, “I am nearer to every believer than himself, so if anyone leaves a debt or a helpless family I shall be responsible, but if anyone leaves property it goes to his heirs. I am...

Mishkat al-Masabih

Inheritance and Wills

one she has set free, a foundling, and her child about whom she has invoked a curse on herself if she was untrue in declaring he was not born out of wedlock.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

Mishkat al-Masabih

Inheritance and Wills

‘Amr b. Shu'aib, on his father's authority, said his grandfather reported the Prophet as saying, “If a man commits fornication with a freewoman or a slave woman the child is the product of fornication, and neither does he inherit nor...

Mishkat al-Masabih

Inheritance and Wills

‘A’isha said that a client of God’s Messenger died leaving some property, but no relative or child, and God’s Messenger said, “Give what he has left to a man belonging to his village." Abu Dawud and Tirmidhi transmitted it.

Mishkat al-Masabih

Inheritance and Wills

Buraida said that a man of Khuza'a died and his estate was brought to the Prophet 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...

Mishkat al-Masabih

Inheritance and Wills

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...

Mishkat al-Masabih

Inheritance and Wills

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...

Mishkat al-Masabih

Inheritance and Wills

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...

Mishkat al-Masabih

Inheritance and Wills

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...