Book of Shares of Inheritance (fara'id)

The Sahih Collection of al-Bukhari

by Imam Bukhari
Translated by: Ustadha Aisha Bewley

Chapter 88. Book of Shares of Inheritance (fara'id)

The words of Allah Almighty, "Allah instructs you regarding your children: A male receives the same as the share of two females. If there are more than two daughters they receive two-thirds of what you leave. If she is one on her own she receives a half. Each of your parents receives a sixth of what you leave if you have children. If you are childless and your heirs are your parents your mother receives a third. If you have brothers or sisters your mother receives a sixth, after any bequest you make or any debts. With regard to your fathers and your sons, you do not know which of them is going to benefit you more. These are obligatory shares from Allah. Allah is All-Knowing, All-Wise.

You receive half of what your wives leave if they are childless. If they have children you receive a quarter of what they leave after any bequest they make or any debts. They receive a quarter of what you leave if you are childless. If you have children they receive an eighth of what you leave after any bequest you make or any debts. If a man or woman has no direct heirs, but has a brother or sister, each of them receives a sixth. If there are more than that they share in a third after any bequest you make or any debts, making sure that no one's rights are prejudiced. This is an instruction from Allah. Allah is All-Knowing, All-Forbearing." (4:11-12)

6344. Muhammad ibn al-Munkadir related that he heard Jabir ibn 'Abdullah say, "I fell ill and the Messenger of Allah, may Allah bless him and grant him peace, and Abu Bakr came on foot to visit me. They found me unconscious. The Prophet, may Allah bless him and grant him peace, did wudu' and then poured his wudu' water on me. I regained consciousness and said, 'Messenger of Allah, what shall I do with my property? How should I settle my property?' He did give not an answer until the Ayat of Inheritance was revealed."

I. Teaching the shares of inheritance

'Uqba ibn 'Amir said, "Learn before people act on supposition," i.e. those who speak based on supposition.

6345. Tawus related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Beware of suspicion. Suspicion is the falsest of speech. Do not pry or spy. Do not envy one another nor turn your backs on one another nor hate one another. Be slaves of Allah and brothers."

II. The words of the Prophet, may Allah bless him and grant him peace, "We do not leave inheritance. What we leave is sadaqa."

6346. 'Urwa related from 'A'isha: Fatima and al-'Abbas went to Abu Bakr to ask for their inheritance from the Messenger of Alla, may Allah bless him and grant him peace. They were asking for their land at Fadak and their share of Khaybar. Abu Bakr said to them, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'We do not leave inheritance. What we leave is sadaqa, but the family of Muhammad may eat from this property.'" Abu Bakr said, 'By Allah, I will not leave anything that I saw the Messenger of Allah, may Allah bless him and grant him peace, doing. Rather I will do it." Therefore Fatima shunned him and did not speak to him until she died.

'Urwa related from 'A'isha that the Prophet, may Allah bless him and grant him peace, said, "We do not leave inheritance. What we leave is sadaqa."

6347. It is related from Malik ibn Aws ibn al-Hadathan – and Muhammad ibn Jubayr ibn Mut'im mentioned some of the hadith when he said, "I went to visit him and ask him about it and he said...": "I went to visit 'Umar. (While I was there), his chamberlain Yarfa' came to him and said, 'Will you admit 'Uthman, 'Abdu'r-Rahman ibn 'Awf, az-Zubayr, and Sa'd?' He said, 'Yes.' So he gave them permission. Then he said, 'Will you admit 'Ali and 'Abbas?' He said, 'Yes.' 'Abbas said, 'Amir al-Mu'minin! Judge between me and this one ['Ali]!'Umar said, 'I adjure you by Allah by whose permission the heaven and earth subsist, do you know that the Messenger of Allah, may Allah bless him and grant him peace, said, "We do not bequeath inheritance. What we leave is sadaqa," meaning the Messenger of Allah, may Allah bless him and grant him peace, himself?' The group said, 'He said that.' 'Umar turned to 'Ali and 'Abbas, and said, 'Do you know that the Messenger of Allah, may Allah bless him and grant him peace, said that?' They both said, 'He said that.' 'Umar said, 'I will talk to you about this matter. Allah singled out His Messenger, may Allah bless him and grant him peace, in these spoils something which he did not give anyone else. Allah says, "Whatever booty from them Allah has given to His Messenger – and you spurred on neither horse nor camel in its acquisition, but Allah gives power to His Messengers over anyone He wills, Allah has power over all things." (59:6) This was specially for the Messenger of Allah, may Allah bless him and grant him peace, and, by Allah, he did not appropriate it to your exclusion, and he did not prefer himself with it against you. He gave it to you and distributed it among you until this property remained of it. The Prophet, may Allah bless him and grant him peace, used to spend on his family the maintenance of a year from this property. Then he took what remained and made it the property of Allah. The Messenger of Allah, may Allah bless him and grant him peace, did that during his lifetime. I adjure you Allah, do you know that?' 'They all said, 'Yes.' He said to 'Ali and 'Abbas, 'I adjure you Allah, do you know that?' They both said, 'Yes.' 'Then Allah took the Prophet, may Allah bless him and grant him peace, and Abu Bakr said, "I am the guardian of the Prophet, may Allah bless him and grant him peace." So Abu Bakr took it and acted with it as the Messenger of Allah, may Allah bless him and grant him peace, had acted. Then Allah took Abu Bakr and I said, "I am the guardian of the guardian of the Messenger of Allah, may Allah bless him and grant him peace.? I took it under my control for two years during which I acted in it as the Messenger of Allah, may Allah bless him and grant him peace, and Abu Bakr acted. Then you two came to talk to me, and you both said the same thing and had the same claim. You ('Abbas) came to me, and asked for your share from your nephew and this one ('Ali) asked me for the share of his wife from her father. I said, "If you wish, I will hand it over to you on that basis." So are you now seeking from me a decision other than that? By Allah by whose permission the heaven and earth subsist, I would not give a decision in it other than that until the Last Hour comes! If you are incapable of it, then give it to me and I will spare you of it.'"

6348. Al-A'raj related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not distribute even a dinar of my inheritance. What I leave after the expenses of my wives and the payment of my agent is sadaqa."

6349. 'Urwa related from 'A'isha that when the Messenger of Allah, may Allah bless him and grant him peace, died, the wives of the Prophet, may Allah bless him and grant him peace, wanted to send 'Uthman ibn Abi Bakr to ask Abu Bakr for their inheritance. 'A'isha said, "Did not the Messenger of Allah, may Allah bless him and grant him peace, say, 'We do not leave inheritance. What we leave is sadaqa'?"

III. The words of the Prophet, may Allah bless him and grant him peace, "If someone leaves wealth, it is for his family."

6350. Abu Salama related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "I have more right to be the protector of the believers than themselves. If any believer dies leaving a debt, we will settle it. If anyone leaves property, it goes to his heirs."

IV. A child inheriting from his father and his mother

Zayd ibn Thabit said, "If a man or woman leaves a daughter, she receives a half. If there are two or more daughters, they receive two-thirds. If there is a son with them, then one begins with those who share with them in inheritance and they receive their shares and then what remains goes to them, with the male receiving double the share of a female."

6351. Tawus related that Ibn 'Abbas said that the Prophet, may Allah bless him and grant him peace, said, "Give the shares to their people. What is left over goes to the closest male relative."

V. Inheritance by daughters

6352. 'Amir ibn Sa'd ibn Abi Waqqas related that his father said, "I became very ill in Makka and thought I was going to die. The Prophet, may Allah bless him and grant him peace, came to visit me and I said, 'Messenger of Allah, I have a lot of property and my only heir is one daughter. Should I will away two-thirds of my property and leave a third?' 'No,' he answered. I said, 'A half?' 'No,' he answered. I said, 'A third?' He said, 'A third is a lot. It is better to leave your heirs wealthy than to make them beg from people with their hands. Whatever you spend on maintenance is sadaqa, even the morsel you put in your wife's mouth.' I said, 'Messenger of Allah, will I be left behind my hijra?' He said, 'You will not be left behind, for any virtuous actions you do will raise you in degree and elevation. If you were left behind me, perhaps some people will benefit from you and others harmed by you, but poor Sa'd ibn Khawla!' The Messenger of Allah, may Allah bless him and grant him peace, grieved over his dying in Makka."

Sufyan said, "Sa'd ibn Khawla was a man from the Banu 'Amir ibn Lu'ayy."

6353. Ash'ath related that al-Aswad ibn Yazid said, "Mu'adh ibn Jabal came to us in Yemen as a teacher and ruler. We asked him about a man who died leaving a daughter and a sister. He gave the daughter half and the sister half."

VI. A grandson inheriting in the absence of a son

Zayd said, "Grandchildren are in the position of children if there is no other male children still alive. Their males are like their males and their females like their females. They inherit as they inherit and preclude  (other heirs) as they preclude. A grandchild does not inherit when there is a son."

6354. Tawus related from Ibn 'Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "Give the shares to their people. What is left over goes to the closest male relative."

VII. The inheritance of a son's daughter in the presence of a daughter

6355. Huzayl ibn Shurahbil said, "Abu Musa was asked about a daughter, a son's daughter and a sister. He said, 'The daughter re ceives a half. The sister receives a half. If you go to Ibn Mas'ud, he will corroborate me.' Ibn Mas'ud was asked and was told of what Abu Musa said. He said, 'I would be misguided and not be one of the guided if I give the decision which the Prophet, may Allah bless him and grant him peace, gave. The daughter has a half and the daughter of the son has a sixth which completes two-thirds, and what is left is for the sister." Then went to Abu Musa and told him that Ibn Mas'ud has said, and he said, 'Do not ask me as long as this scholar is among you.'"

VIII. A grandfather inheriting with a father and brothers

Abu Bakr, Ibn 'Abbas and Ibn az-Zubayr said, "The grandfather is like a father, Ibn 'Abbas recited,  "O children of Adam" (7:26) and "I hold fast to the creed of my forebears, Ibrahim and Ishaq and Ya'qub." (12:38)

It is not mentioned that anyone disagreed with Abu Bakr while he was alive while there were many Companions of the Prophet, may Allah bless him and grant him peace.

Ibn 'Abbas said, "The son of my son inherits rather than my brothers and I do not inherit from the son of my son."

Differing views are related from 'Umar, 'Ali, Ibn Mas'ud and Zayd.

6356. Tawus related from Ibn 'Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "Give the shares to their people. What is left over goes to the closest male relative."

6357. 'Ikrima related that Ibn 'Abbas said, "The one abou whom the Messenger of Allah, may Allah bless him and grant him peace, said. 'If I were to take a close friend from this Community, I would have taken him (Abu Bakr), but the friendship of Islam is better,' put the grandfather in the position of a father." So he said, "He judged him to be like a father."

IX. The inheritance of a husband when there are children and other relatives

6358. 'Ata' related that Ibn 'Abbas said, "Wealth was given to children and bequests were made for parents. Then Prophet abrogated what He wished of that and appointed for the male twice the share of the female, and He appointed for each of the parents a sixth. He appointed an eighth and a fourth for the wife, and a half and a fourth for the husband."

X. The inheritance of a wife and husband when there are children and other relatives

6359. Ibn al-Musayyab related that Abu Hurayra said, "The Prophet, may Allah bless him and grant him peace, gave a judgement about a miscarriage by a woman of the Banu Lahyan which was born dead that the blood money [for the foetus] was a good slave, male or female. ThenThen the woman who received the judgement of the slave died and the Messenger of Allah, may Allah bless him and grant him peace, decided that her inheritance would go to her children and husband and that the penalty was paid by the 'asaba (paternal male relations)."

XI. The inheritance of sisters when there are daughters as 'asaba

6360. Al-Aswad related, "In the time of the Messenger of Allah, may Allah bless him and grant him peace, Mu'adh ibn Jabal judged for us that the daughter received a half and a sister received a half." Sulayman said, "He judged for us," and he did not mention "in the time of the Messenger of Allah, may Allah bless him and grant him peace."

6361. Huzayl related that 'Abdullah said, "I will give the judgement according to the judgement of the Prophet: The daughter has a half, the son's daughter a sixth, and the rest is for the sister."

XII. The inheritance of sisters and brothers

6362. Muhammad ibn al-Munkadir reported that he heard Jabir said, "The Prophet, may Allah bless him and grant him peace, came to me while I was ill. He called for wudu' water and did wudu' and then sprinkled some of his wudu' water over me and I regained consciousness. I said, 'Messenger of Allah, I have sisters.' Then the Ayat of Shares was revealed.

XIII. "They will ask you for a fatwa. Say: 'Allah gives you a fatwa about people who die without direct heirs: If a man dies childless but has a sister she receives half of what he leaves, and he is her heir if she dies childless. If there are two sisters they receive two-thirds of what he leaves. If there are brothers and sisters the males receive the share of two females. Allah makes things clear to you so you will not go astray. Allah has knowledge of all things.'" (4:186)

6363. Abu Ishaq related that al-Bara' said, "The last ayat to be revealed was the last ayat of Surat an-Nisa': 'They will ask you for a fatwa. Say: 'Allah gives you a fatwa about people who die without direct heirs...' (4:176)

XIV. Two sons of a paternal uncle, one of whom is a woman's brother by the mother and the other her husband

'Ali said, "The husband gets a half, the brother by the mother gets a sixth, and what remains is divided equally between them.

6364. Abu Salih related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "I have more right to be the protector of the believers than themselves. If anyone dies and leaves property, it goes to the 'asaba relatives. If someone leaves no heirs or leaves vulnerable dependents, I am his protector and I can be called on to support them."

6365. Tawus related from Ibn 'Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "Give the shares to their people. What is left over goes to the closest male relative."

XV. Maternal relatives

6366. Sa'id ibn Jubayr related from Ibn 'Abbas about "We have appointed heirs for everything ..." (4:33) and "If you have a bond with people" (4:33): "When the Muhajirun came to Madina, the Ansar used to be the heirs of the Muhajirun rather than their relatives on the basis of the brotherhood which the Prophet, may Allah bless him and grant him peace, established between them. When "We have appointed heirs for everything..." (4:33) was revealed, it abrogated "If you have a bond with people" (4:33).

XVI. Inheritance after separation by mutual cursing (li'an)

6367. Nafi' related from Ibn 'Umar that a man divorced his wife by li'an (mutual cursing) in the time of the Prophet, may Allah bless him and grant him peace, and he denied the paternity of her child. The Prophet, may Allah bless him and grant him peace, separated them and attached the child only to the woman.

XVII. The child belongs to the bed, whether the woman was free or a slave

6368. 'Urwa related that 'A'isha said, "'Utba ibn Abi Waqqas took an undertaking from his brother, Sa'd, 'The son of the slavegirl of Zam'a is my son. Take him into your care.' In the year of the Conquest, Sa'd took him and said, 'He is my nephew, I gave an undertaking about him.' 'Abd ibn Zam'a stood up and said, 'He is my brother, the son of my father's slavegirl. He was born on his bed.' They both went to the Prophet, may Allah bless him and grant him peace, and Sa'd said, 'Messenger of Allah, he is my nephew. I gave an undertaking about him.' 'Abd ibn Zam'a said, 'He is my brother and the son of my father's slave. He was born on his bed.' The Prophet, may Allah bless him and grant him peace, said, 'He is yours, 'Abd ibn Zam'a.' Then the Prophet, may Allah bless him and grant him peace, said, ' The child belongs to the bed and stones belong to the adulterer.' Then he said to Sawda bint Zam'a, 'Veil yourself from him,' because of the resemblance he saw in him to 'Utba. He did not see her until he met Allah [i.e. died]."

6369. Muhammad ibn Ziyad related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "The child belongs to the bed."

XVIII. The wala' belongs to the one who sets free and the inheritance of a foundling

'Umar said, "The foundling is free."

6370. Al-Aswad related that 'A'isha said, "I purchased Barira and the Prophet*, may Allah bless him and grant him peace, said, 'Buy her,.The wala' belongs to the one who frees the person.' She was given a sheep and he said, 'It is sadaqa for her and a gift for is."

Al-Hakam said, "Her husband was free," but his statement is mursal [i.e. stopping at al-Hakam, and not going back to 'A'isha].

Ibn 'Abbas said, "I saw him when he was a slave."

6371. Nafi' related from Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who frees the person."

XIX. The inheritance of the sa'iba (one set free without anyone having his wala')

6372. Huzayl related that 'Abdullah said, "The people of Islam do not free people as sa'iba. The people the Jahiliyya used to do that."

6373. Al-Aswad related that 'A'isha bought Barira in order to set her free and her owners has stipulated that they would have her wala'. 'A'isha said, "I bought Barira in order to free her and her owners have stipulated that they will have the wala'." He said, "Set her free. The wala' belongs to the one who sets free." or "Pays the price." He said, "She bought her and set her free." He said, "She was given a choice (about whether to stay with her husband) and chose to be unmarried. She said, "Even if he were to give me such-and-such, I would not remain with him."

Al-Aswad said, "Her husband was free." What al-Aswad said is cut off [i.e. has a man missing from the isnad].

Ibn 'Abbas's statement, "I saw him when he was a slave" is sounder.

XX. The sin of the one who declares himself quit of his masters

6374. Ibrahim at-Taymi related from his father that 'Ali said, "We have no book that we read but the Book of Allah and this paper." He took it out and it contained things about wounds and the ages of camels. He said, "It contained: 'Madina is a sanctuary between 'Ayr to Thawr. Whoever commits an improper action in it or gives refuge to someone who commits improper actions, on him is the curse of Allah, the angels and all people. Neither repentance nor ransom will be accepted from him on the Day of Rising. If someone accepts the protectorship of other than his masters, on him is the curse of Allah, the angels and all people. The dhimma [covenant] of the Muslims is the same. It is effected by the least of them. If someone betrays a Muslim, on him is the curse of Allah, the angels and all people. Neither repentance nor ransom will be accepted from him on the Day of Rising."'"

6375. 'Abdullah ibn Dinar related that Ibn 'Umar said, "The Prophet, may Allah bless him and grant him peace, forbade selling the wala' or giving it as a present."

XXI. When someone becomes Muslim with someone

Al-Hasan did not think that he had any guardianship.

The Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets someone free."

It is mentioned marfu' that Tamim ad-Dari said, "He is the closet of the people to him in his life and his death."

They disagree about the soundness of this report.

6376. Ibn 'Umar related that 'A'isha, the Umm al-Mu'minin, wanted to buy a slavegirl and set her free and her owners said, "We will sell her to you provided that we retain her wala'." She mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'That should not prevent you, The wala' is for the one who sets the person free."

6377. Al-Aswad related that 'A'isha said, "I bought Barira and her owners made a precondition of her wala' and she mentioned that to the Prophet, may Allah bless him and grant him peace, and he said, 'Set her free. The wala' belongs to the one who pays the silver." She said, "I set her free." She said, The Messenger of Allah, may Allah bless him and grant him peace, summoned her and gave her a choice regarding her husband. She said, 'Even if he were to give such-and such, I would not stay with him.' She choose herself."

XXII. What women inherit of the wala'

6378. Nafi' related that Ibn 'Umar said, "'A'isha wanted to buy Barira and told the Prophet, may Allah bless him and grant him peace, 'They are stipulating that they will keep the wala'.' The Prophet, may Allah bless him and grant him peace, said, 'Buy her. The wala' belongs to the one who sets the person free.'"

6379. Al-Aswad related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, said, "The wala' belongs to the one who pays the silver and grants the favour."

XXIII. The client of a people is one of them, and the son of the sister is one of them

6380. Mu'awiya ibn Qurra and Qatada related from Anas ibn Malik that the Prophet, may Allah bless him and grant him peace, said, "The client of a people is one of them," or words to that effect.

6381. Qatada related from Anas that the Prophet, may Allah bless him and grant him peace, said, "The son of the sister of a people is one of them," or "from among themselves."

XXIV. The inheritance of a captive

He said, "Shurayh used to allow the captive who was in the hands of the enemy to inherit. He said, 'He is more in need of it.'"

'Umar ibn 'Abdu'l-'Aziz said, "Carry out the bequests of a captive and his orders of emancipation and what he does with property as long as he has not changed his deen. It is his property and he can do what he wishes with it."

6382. Abu Hazim related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "If someone dies leaving property, it goes to his heirs. If he dies without heirs, it goes to us."

XXV. A Muslim does not inherit from an unbeliever nor an unbeliever from a Muslim

When someone becomes a Muslim before the division of inheritance, he is not entitled to inherit.

6383. 'Amr ibn 'Uthman related from Usama ibn Zayd that the Prophet, may Allah bless him and grant him peace, said, "A Muslim does not inherit from an unbeliever nor an unbeliever from a Muslim."

XXVI. The inheritance of a Christian slave and Christian mukatib and the sin of the one who disowns his child

XXVII. The wrong action of someone who denies the paternity of his children and the one who claims that someone is his brother or the son of his brother

6384. 'Urwa related that 'A'isha said, "Sa'd ibn Abi Waqqas and 'Abd ibn Zam'a had a dispute about a boy. Sa'd said, 'This, Messenger of Allah, is the son of my brother, 'Utba ibn Abi Waqqas who told to me that he was his son. Notice the resemblance.' 'Abd ibn Zam'a said, 'This is my brother, Messenger of Allah. He was born on my father's bed by his slavegirl.' The Messenger of Allah, may Allah bless him and grant him peace, looked to see the resemblance and saw that he clearly resembled 'Utba. He said, 'He is yours, 'Abd ibn 'Utba. The child belongs to the bed and the adulterer has stones, Sawda bint Zam'a, screen yourself from him.'" She said, "He never again saw Sawda."

XXVIII. Someone who attributes himself to other than his father

6385. Abu 'Uthman related that Sa'd said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If someone attributes himself to other than his father knowing that he is not his father, the Garden is unlawful to him.' I mentioned it to Abu Bakra and he said, 'I heard it with my two ears and my heart preserved it from the Messenger of Allah, may Allah bless him and grant him peace."

6386. 'Irak related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Do not deny your fathers. If someone denies his father, that is unbelief."

XXIX. When a woman lays claim to a son

6387. Al-A'raj related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Two women had their sons with them when a wolf came and took away the child of one of them. She said to her companion, 'It has taken your child.' The other said, 'No,it has taken your child.' They took the dispute to Da'ud and he decided on behalf of the elder woman. They went to Sulayman ibn Da'ud, peace be upon him, and informed him and he said, 'Bring me a knife and I will divide him up between you.' The younger woman said, 'Do not do it, may Allah have mercy on you! It is her child.' So he judged that it belonged to the younger one." Abu Hurayra said, "By Allah, I heard 'a knife (sakîn)' only on that day. We used to say mudya."

XXX. The qa'if (the physiognomer)

6388. 'Urwa related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, visited me when he was happy and the features of his face were radiant. He said, 'Do you not know that Mujazzaz just looked at Zayd ibn Haritha and Usama ibn Zayd and said, 'These feet belong to one another'?"

6389. 'Urwa related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, visited me one day when he was happy. He said, ''A'isha, do you not know that Mujazzaz al-Mudliji came in and saw Usama and Zayd who had a covering? over them which covered their heads while their feet were showing. He said, 'These feet belong to one another.'"