Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-02a
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The reciter: Bishr ibn Khalid narrated to us, Muhammad ibn Ja'far narrated to us from Shu'bah from Sulayman from Ibrahim from al-Aswad, who said: Sahih al-Bukhari 6741.
Then Sulayman said: He ruled among us, and did not mention "during the time of the Messenger of Allah (peace and blessings be upon him)."
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
The author said: "Chapter on the inheritance of sisters with daughters, as 'asabah (residuary heirs)". This is in some copies, and in some copies it is omitted.
If the sisters are maternal sisters, they have no inheritance, because maternal siblings do not inherit with a descending heir, whether male or female. For this reason, if a person dies leaving a daughter, a maternal sister, a son's son, and a paternal cousin's son, the daughter gets half, the son's son's son's son's cousin's son gets the remainder, and the maternal sister gets nothing. And if there were a maternal brother instead of her, he would get nothing.
So, maternal sisters with daughters are excluded. Full sisters or paternal sisters with daughters are 'asabah (residuary heirs), and this is called "asabah with others." If there are daughters with them, along with full sisters or paternal sisters, the daughters get their fixed shares: one gets half, and two or more get two-thirds. The remainder goes to the sisters, because in this case they are 'asabah (residuary heirs).
Now, a son's daughter and a paternal sister. The paternal sister is 'asabah (residuary heir). The son's daughter gets half, and the remainder goes to the paternal sister.
Now, a son's daughter and a full sister's daughter. The second one does not inherit, why? Because we have a rule that none of the distant relatives inherit except sisters only. A sister's daughter does not inherit, and a brother's daughter does not inherit.
Then he mentioned the ruling of Mu'adh ibn Jabal (may Allah be pleased with him), and the correct thing is to delete: "during the time of the Messenger of Allah (peace and blessings be upon him)." He ruled regarding a daughter and a sister: "The daughter gets half and the sister gets half".
Then Sulayman said: He ruled among us, and did not mention "during the time of the Messenger of Allah (peace and blessings be upon him)." So either he forgot what he said first, or he remembered that he did not say "during the time of the Messenger of Allah (peace and blessings be upon him)."
In any case, is the division correct or not? A daughter and a sister, meaning either a full sister or a paternal sister.
The reader: ...
The Shaykh : Now, a moment.
If it was during the time of the Messenger of Allah (peace and blessings be upon him) that is established, what is the status of the hadith? It is marfu' (traced to the Prophet) in ruling.
The questioner : His saying: "The daughter gets half and the sister gets half", and he did not mention 'asabah (residuary heir), which suggests that it is a fixed share?
The Shaykh : Did we not mention that the Salaf (earliest generations) generally are lenient in such expressions? For this reason, al-Bukhari says that they are 'asabah (residuary heirs).
The questioner : The difference between ...?
The Shaykh : It will come to us, if Allah wills, in the al-Burhan (proof) section. 'Asabah (residuary heirs) by themselves, with others, and with others.
The questioner : ... What is the difference between marfu' (traced to the Prophet) in ruling and what the Prophet (peace and blessings be upon him) approved?
The Shaykh : Approval is explicit marfu' (traced to the Prophet), meaning that the Prophet (peace and blessings be upon him) knew about it, so it is attributed to him explicitly. As for the first one, it is not explicit. "During the time of the Messenger of Allah" is not explicit.
Did you not speak about it? Then Sulayman said?
Mu`adh bin Jabal gave this verdict for us in the lifetime of Allah's Messenger (ﷺ). One-half of the inheritance is to be given to the daughter and the other half to the sister.
قضى فينا معاذ بن جبل، على عهد رسول الله صلى الله عليه وسلم : النصف للابنة والنصف للأختThen Sulayman said: He ruled among us, and did not mention "during the time of the Messenger of Allah (peace and blessings be upon him)."
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
The author said: "Chapter on the inheritance of sisters with daughters, as 'asabah (residuary heirs)". This is in some copies, and in some copies it is omitted.
If the sisters are maternal sisters, they have no inheritance, because maternal siblings do not inherit with a descending heir, whether male or female. For this reason, if a person dies leaving a daughter, a maternal sister, a son's son, and a paternal cousin's son, the daughter gets half, the son's son's son's son's cousin's son gets the remainder, and the maternal sister gets nothing. And if there were a maternal brother instead of her, he would get nothing.
So, maternal sisters with daughters are excluded. Full sisters or paternal sisters with daughters are 'asabah (residuary heirs), and this is called "asabah with others." If there are daughters with them, along with full sisters or paternal sisters, the daughters get their fixed shares: one gets half, and two or more get two-thirds. The remainder goes to the sisters, because in this case they are 'asabah (residuary heirs).
Now, a son's daughter and a paternal sister. The paternal sister is 'asabah (residuary heir). The son's daughter gets half, and the remainder goes to the paternal sister.
Now, a son's daughter and a full sister's daughter. The second one does not inherit, why? Because we have a rule that none of the distant relatives inherit except sisters only. A sister's daughter does not inherit, and a brother's daughter does not inherit.
Then he mentioned the ruling of Mu'adh ibn Jabal (may Allah be pleased with him), and the correct thing is to delete: "during the time of the Messenger of Allah (peace and blessings be upon him)." He ruled regarding a daughter and a sister: "The daughter gets half and the sister gets half".
Then Sulayman said: He ruled among us, and did not mention "during the time of the Messenger of Allah (peace and blessings be upon him)." So either he forgot what he said first, or he remembered that he did not say "during the time of the Messenger of Allah (peace and blessings be upon him)."
In any case, is the division correct or not? A daughter and a sister, meaning either a full sister or a paternal sister.
The reader: ...
The Shaykh : Now, a moment.
If it was during the time of the Messenger of Allah (peace and blessings be upon him) that is established, what is the status of the hadith? It is marfu' (traced to the Prophet) in ruling.
The questioner : His saying: "The daughter gets half and the sister gets half", and he did not mention 'asabah (residuary heir), which suggests that it is a fixed share?
The Shaykh : Did we not mention that the Salaf (earliest generations) generally are lenient in such expressions? For this reason, al-Bukhari says that they are 'asabah (residuary heirs).
The questioner : The difference between ...?
The Shaykh : It will come to us, if Allah wills, in the al-Burhan (proof) section. 'Asabah (residuary heirs) by themselves, with others, and with others.
The questioner : ... What is the difference between marfu' (traced to the Prophet) in ruling and what the Prophet (peace and blessings be upon him) approved?
The Shaykh : Approval is explicit marfu' (traced to the Prophet), meaning that the Prophet (peace and blessings be upon him) knew about it, so it is attributed to him explicitly. As for the first one, it is not explicit. "During the time of the Messenger of Allah" is not explicit.
Did you not speak about it? Then Sulayman said?