Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-01b
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The reciter: Abdan narrated to us, Abdullah informed us, Yunus informed us from Ibn Shihab, Abu Salama informed me from Abu Hurayrah (may Allah be pleased with him) from the Prophet (peace and blessings be upon him) who said: Sahih al-Bukhari 6731.
The Shaykh : This hadith is explicit in that whoever leaves wealth, it is for his heirs. And wealth, according to the scholars, is any tangible item whose benefit is permissible without need. This is wealth: any tangible item whose benefit is permissible without need. So whatever is not permissible in benefit is not wealth, and whatever is permissible in benefit only for need is also not wealth; rather, it must be permissible in benefit for other than need.
The apparent meaning of the hadith is that whoever leaves something other than wealth, it is not for his heirs. This is understood to mean that it is not for his heirs in the sense of ownership. However, in the sense of entitlement, it is undoubtedly for them. For example, if the deceased leaves a hunting dog, the hunting dog is not wealth because it is not sold, but whoever has it in his possession is more entitled to it than anyone else.
I am more closer to the believers than their own selves, so whoever (of them) dies while being in debt and leaves nothing for its repayment, then we are to pay his debts on his behalf and whoever (among the believers) dies leaving some property, then that property is for his heirs.
أنا أولى بالمؤمنين من أنفسهم، فمن مات وعليه دين ولم يترك وفاء فعلينا قضاؤه، ومن ترك مالا فلورثتهThe Shaykh : This hadith is explicit in that whoever leaves wealth, it is for his heirs. And wealth, according to the scholars, is any tangible item whose benefit is permissible without need. This is wealth: any tangible item whose benefit is permissible without need. So whatever is not permissible in benefit is not wealth, and whatever is permissible in benefit only for need is also not wealth; rather, it must be permissible in benefit for other than need.
The apparent meaning of the hadith is that whoever leaves something other than wealth, it is not for his heirs. This is understood to mean that it is not for his heirs in the sense of ownership. However, in the sense of entitlement, it is undoubtedly for them. For example, if the deceased leaves a hunting dog, the hunting dog is not wealth because it is not sold, but whoever has it in his possession is more entitled to it than anyone else.