Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-02b
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The reciter: Adam narrated to us, Shu'bah narrated to us, Abu Qays narrated to us, I heard Hazil ibn Sharhabil say:
فسئل ابن مسعود، وأخبر بقول أبي موسى فقال : لقد ضللت إذا وما أنا من المهتدين، أقضي فيها بما قضى النبي صلى الله عليه وسلم : للابنة النصف، ولابنة ابن السدس تكملة الثلثين، وما بقي فللأخت ، فأتينا أبا موسى فأخبرناه بقول ابن مسعود، فقال : لا تسألوني ما دام هذا الحبر فيكم.
The Shaykh : Allah is the Greatest.
In this case, a person died leaving behind a daughter, a daughter of a son, and a sister, meaning a full sister or a paternal half-sister, not a maternal half-sister, because a maternal half-sister does not inherit alongside daughters.
It is said that Abu Musa al-Ash'ari, who was one of the jurists of the Companions (may Allah be pleased with them), was asked about it. And despite that, he made a mistake, because a person is not infallible. He said: "For the daughter is half, and for the sister is half", and he omitted the daughter of the son. "I will go to Ibn Mas'ud, and he will agree with me on that", as if he (may Allah be pleased with him) intended to strengthen the ruling he had issued. For this reason, he said: "He will agree with me on that".
It is said: Ibn Mas'ud was asked and informed of Abu Musa's statement, so he said: "If I were to agree with you, I would have gone astray, and I am not among the guided". "If I were to agree with you" means if I followed you, because this contradicts the Shari'ah.
In this statement of Ibn Mas'ud, there is evidence that going astray occurs in the branches of religion just as it occurs in the fundamentals of religion. That is, deviation is not limited to religious innovation, as the Prophet (peace and blessings be upon him) said:, but rather deviation is contradicting the Shari'ah in any case, whether by something innovated or by something erroneous. So here he says: "If I were to agree with you, I would have gone astray, and I am not among the guided. I judge in this matter by what the Prophet (peace and blessings be upon him) judged": based on the saying of Allah the Exalted: [An-Nisa 4:11], based on the saying of Allah the Exalted: [An-Nisa 4:11]. For this reason, it is necessary that we say "to complete the two-thirds."
So, if a person dies leaving behind a daughter and a daughter of a son, then for the daughter is half, and for the daughter of the son is one-sixth to complete the two-thirds. You must say "to complete the two-thirds," because if you say "one-sixth," you will be asked: "Where is the evidence?" We have no evidence except that it is to complete the two-thirds. That is the evidence.
Now, if there is a daughter and three daughters of a son, then for the daughter is half, and for the three daughters of the son is one-sixth to complete the two-thirds. So, one person and more are the same.
Here we pause to clarify who are those among the heirs with fixed shares for whom one person and a group are equal?
These are: daughters of a son with one daughter, paternal half-sisters with one full sister, wives, and grandmothers.
Four. For these four, the fixed share does not increase with their number beyond one.
Do you count them, Khalid?
The student: ...
The Shaykh : Do you count them, Mazin?
For example, the wife has one-fourth, two wives have one-fourth, three have one-fourth, and four have one-fourth.
The questioner : ...
The Shaykh : No, this is contrary to the principle. That is, one person has two parents. This is correct; it can be ten. Fahd?
The questioner : ...
The Shaykh : No, for maternal half-siblings, one person has one-sixth, and if there are more, they have one-third.
The questioner : ...
The Shaykh : No, the point is that the fixed share increases with their number beyond one. That is what we said: the fixed share does not increase with their number beyond one. Memorize the four.
He says: "And what remains is for the sister".
He says: So we went to Abu Musa and informed him of Ibn Mas'ud's statement, and he said: "Do not ask me as long as this scholar is among you". And it is obligatory for a person, if there is someone in the town who is more knowledgeable than him, that it is an obligatory etiquette to tell people: "Ask so-and-so," if there is someone more knowledgeable. Because he benefits from this humility, he benefits from safety from error if he makes a mistake in his ruling, and he acknowledges the virtue of those who deserve it. So, if a person is asked about a matter and there is someone in the town more knowledgeable than him, it is better to refer the question to him.
And in this is a testimony to Ibn Mas'ud that he is a scholar (hibr). It is said "hibr" with a kasrah on the haa. "Hibr" and "hibr" are like the sea, meaning vast in knowledge.
Abu Musa was asked about a daughter, a daughter of a son, and a sister, so he said: "For the daughter is half, and for the sister is half." He said: "I will go to Ibn Mas'ud, and he will agree with me." Ibn Mas'ud was asked and informed of Abu Musa's statement, so he said: "If I were to agree with you, I would have gone astray, and I am not among the guided. I judge in this matter by what the Prophet (peace and blessings be upon him) judged: for the daughter is half, for the daughter of a son is one-sixth to complete the two-thirds, and what remains is for the sister." So we went to Abu Musa and informed him of Ibn Mas'ud's statement, and he said: "Do not ask me as long as this scholar is among you."
سئل أبو موسى عن بنت وابنة ابن وأخت، فقال : للبنت النصف، وللأخت النصف، وأت ابن مسعود، فسيتابعني .فسئل ابن مسعود، وأخبر بقول أبي موسى فقال : لقد ضللت إذا وما أنا من المهتدين، أقضي فيها بما قضى النبي صلى الله عليه وسلم : للابنة النصف، ولابنة ابن السدس تكملة الثلثين، وما بقي فللأخت ، فأتينا أبا موسى فأخبرناه بقول ابن مسعود، فقال : لا تسألوني ما دام هذا الحبر فيكم
The Shaykh : Allah is the Greatest.
In this case, a person died leaving behind a daughter, a daughter of a son, and a sister, meaning a full sister or a paternal half-sister, not a maternal half-sister, because a maternal half-sister does not inherit alongside daughters.
It is said that Abu Musa al-Ash'ari, who was one of the jurists of the Companions (may Allah be pleased with them), was asked about it. And despite that, he made a mistake, because a person is not infallible. He said: "For the daughter is half, and for the sister is half", and he omitted the daughter of the son. "I will go to Ibn Mas'ud, and he will agree with me on that", as if he (may Allah be pleased with him) intended to strengthen the ruling he had issued. For this reason, he said: "He will agree with me on that".
It is said: Ibn Mas'ud was asked and informed of Abu Musa's statement, so he said: "If I were to agree with you, I would have gone astray, and I am not among the guided". "If I were to agree with you" means if I followed you, because this contradicts the Shari'ah.
In this statement of Ibn Mas'ud, there is evidence that going astray occurs in the branches of religion just as it occurs in the fundamentals of religion. That is, deviation is not limited to religious innovation, as the Prophet (peace and blessings be upon him) said:
Every innovation is misguidance.
كل بدعة ضلالةFor the daughter is half
للابنة النصفAnd if there is only one, for her is half
وإن كانت واحدة فلها النصفFor the daughter of a son is one-sixth to complete the two-thirds
ولابنة الابن السدس تكلمة الثلثينBut if there are [only] daughters, two or more, for them is two thirds of one's estate
فإن كن نساء فوق اثنتين فلهن ثلثا ما تركSo, if a person dies leaving behind a daughter and a daughter of a son, then for the daughter is half, and for the daughter of the son is one-sixth to complete the two-thirds. You must say "to complete the two-thirds," because if you say "one-sixth," you will be asked: "Where is the evidence?" We have no evidence except that it is to complete the two-thirds. That is the evidence.
Now, if there is a daughter and three daughters of a son, then for the daughter is half, and for the three daughters of the son is one-sixth to complete the two-thirds. So, one person and more are the same.
Here we pause to clarify who are those among the heirs with fixed shares for whom one person and a group are equal?
These are: daughters of a son with one daughter, paternal half-sisters with one full sister, wives, and grandmothers.
Four. For these four, the fixed share does not increase with their number beyond one.
Do you count them, Khalid?
The student: ...
The Shaykh : Do you count them, Mazin?
For example, the wife has one-fourth, two wives have one-fourth, three have one-fourth, and four have one-fourth.
The questioner : ...
The Shaykh : No, this is contrary to the principle. That is, one person has two parents. This is correct; it can be ten. Fahd?
The questioner : ...
The Shaykh : No, for maternal half-siblings, one person has one-sixth, and if there are more, they have one-third.
The questioner : ...
The Shaykh : No, the point is that the fixed share increases with their number beyond one. That is what we said: the fixed share does not increase with their number beyond one. Memorize the four.
He says: "And what remains is for the sister".
He says: So we went to Abu Musa and informed him of Ibn Mas'ud's statement, and he said: "Do not ask me as long as this scholar is among you". And it is obligatory for a person, if there is someone in the town who is more knowledgeable than him, that it is an obligatory etiquette to tell people: "Ask so-and-so," if there is someone more knowledgeable. Because he benefits from this humility, he benefits from safety from error if he makes a mistake in his ruling, and he acknowledges the virtue of those who deserve it. So, if a person is asked about a matter and there is someone in the town more knowledgeable than him, it is better to refer the question to him.
And in this is a testimony to Ibn Mas'ud that he is a scholar (hibr). It is said "hibr" with a kasrah on the haa. "Hibr" and "hibr" are like the sea, meaning vast in knowledge.