Guidance on the Prophet’s ruling regarding the inheritance of a daughter, a daughter’s daughter, and the two daughters of Sa'd
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The questioner:
The Shaykh mentioned that we cited the ruling of the Prophet (peace and blessings be upon him) regarding a daughter and a son's daughter, where the daughter was allotted half in the case of Sa'd ibn al-Rabi'. The ruling of the Prophet (peace and blessings be upon him) also came in the case of the two daughters of Sa'd ibn al-Rabi' and his wife in the case of his brother, Abu al-Rabi'. How are these two narrations reconciled?
The Shaykh:
It is the same, it is the same, it is the same.
The questioner:
We mentioned the ruling of the Prophet (peace and blessings be upon him) regarding a daughter and a son's daughter, where the daughter was allotted half in the case of Sa'd ibn al-Rabi'. The ruling of the Prophet (peace and blessings be upon him) also came in the case of the two daughters of Sa'd ibn al-Rabi' and his wife in the case of his brother, Abu al-Rabi'.
The Shaykh:
There is a distinction, there is no contradiction between them, because the case of Sa'd ibn al-Rabi' involves two daughters, two direct daughters. Do they take two-thirds? The case of Ibn Mas'ud does not involve a direct daughter; rather, it involves one direct daughter and a son's daughter. So the direct daughter takes half, and the son's daughter takes one-sixth to complete the two-thirds. There is no contradiction between them. The two cases are not the same; one involves two daughters, and the other involves a daughter and a son's daughter. They are different. Yes.
The questioner:
I seek guidance in a book that will be read next Friday.
The Shaykh:
If Allah wills, we will read from the section on the book of Tawhid (the oneness of Allah), *Al-Aqidah al-Wasitiyyah*, by Shaykh al-Islam Ibn Taymiyyah.
The Shaykh mentioned that we cited the ruling of the Prophet (peace and blessings be upon him) regarding a daughter and a son's daughter, where the daughter was allotted half in the case of Sa'd ibn al-Rabi'. The ruling of the Prophet (peace and blessings be upon him) also came in the case of the two daughters of Sa'd ibn al-Rabi' and his wife in the case of his brother, Abu al-Rabi'. How are these two narrations reconciled?
The Shaykh:
It is the same, it is the same, it is the same.
The questioner:
We mentioned the ruling of the Prophet (peace and blessings be upon him) regarding a daughter and a son's daughter, where the daughter was allotted half in the case of Sa'd ibn al-Rabi'. The ruling of the Prophet (peace and blessings be upon him) also came in the case of the two daughters of Sa'd ibn al-Rabi' and his wife in the case of his brother, Abu al-Rabi'.
The Shaykh:
There is a distinction, there is no contradiction between them, because the case of Sa'd ibn al-Rabi' involves two daughters, two direct daughters. Do they take two-thirds? The case of Ibn Mas'ud does not involve a direct daughter; rather, it involves one direct daughter and a son's daughter. So the direct daughter takes half, and the son's daughter takes one-sixth to complete the two-thirds. There is no contradiction between them. The two cases are not the same; one involves two daughters, and the other involves a daughter and a son's daughter. They are different. Yes.
The questioner:
I seek guidance in a book that will be read next Friday.
The Shaykh:
If Allah wills, we will read from the section on the book of Tawhid (the oneness of Allah), *Al-Aqidah al-Wasitiyyah*, by Shaykh al-Islam Ibn Taymiyyah.
Source
قناة «العلامة الدكتور صالح الفوزان»، 39 من 89|شرح العدة في شرح العمدة|كتاب الفرائض|فصل في ميراث الأخوة لأم|صالح الفوزان|الفقه — youtube.com (7:12)
The Arabic text is a machine transcription of the audio recording.
