Hadith No. 43

On the authority of Ibn Abbas (peace be on both of them) who said: The Prophet (sas) said: "Get the fixed amounts (of inheritance) to their people and whatever is left is for the closest male relative.

Muslim & Bukhari

Introduction to Fara’idh (Inheritance)

1. Fara’idh is the plural of fareedha which means a set amount or proportion. The science of inheritance in Shari’a is called Meeraath or Fara’idh.

2. Three verses in the Qur’an (An-Nisaa: 11, 12 and 176) give the basic rulings on inheritance which are further understood from the Sunnah and verdicts of the Companions.

3. Before Islam, the system of inheritance excluded women and children entirely with all property going to the closest and strongest male relative. When Sa’ad ibn Rabee died, he left a wife and two daughters. She went to the Prophet (sas) and said:

"O Allah’s Messenger, these are the two daughters of Sa’ad ibn Rabee who was killed a martyr with you at Uhud. Their uncle has taken all of their property and left nothing for them and they will not get married with no property." The Prophet (sas) said: "Allah will decide your case." Whereupon Allah revealed the above-mentioned verses (An-Nisaa 11-12). The Prophet (sas) sent word to the uncle saying: "Give the two daughters of Sa’ad two thirds and their mother one eighth and what is left is yours."

4. The science of inheritance is one of the most important forms of knowledge in Islam per several hadith of the Prophet (sas) and one of the first forms of knowledge which will be neglected and lost.

5. What is inherited? Property (money and other access) by unanimous agreement. Differences of opinion about non-monetary rights, are they inherited or not?

6. Rights over the property of the deceased (in order):

a) Preparation and burial of the body.

b) Payment of any debts left by the deceased. The scholars differed about debts to Allah (e.g., zakat). Ash-Shafi’I and others gave it precedence over debts to people. Abu Hanifa and others said that this is over with the death of the deceased and need not be paid unless the heirs voluntarily do it.

c) Implementation of any will (wasiya) left by the deceased in as much as one-third of the remaining property.

d) Distribution of what is left among the heirs.

7. Pillars of inheritance:

a) One or more heirs – someone among those who inherit from the deceased according to Shari’a.

b) Deceased – one who has passed away actually or a missing person who has been adjudicated as being legally deceased.

c) Property – something which can be inherited by the heirs.

d) Relationship of blood or marriage.

8. Issues which prevent inheritance:

a) Murder (and in some cases manslaughter) – of the deceased by one of the heirs directly or indirectly.

a) Difference in religion – Muslim and non-Muslim do not inherit from each other based on sahih hadith of the Prophet (sas). Do not confuse this with wasiya (will) which is lawful in these cases.