Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-03a
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The reciter: Ishaq ibn Ibrahim narrated to me, saying: I said to Abu Usamah: Did Idris narrate to you? He said: Talhah narrated to us, from Sa'id ibn Jubayr, from Ibn Abbas: [An-Nisa 4:33] He said: كان المهاجرون حين قدموا المدينة يرث الأنصاري المهاجري دون ذوي رحمه، للأخوة التي آخى النبي صلى الله عليه وسلم بينهم، فلما نزلت : ولكل جعلنا موالي قال : نسختها : والذين عاقدت أيمانكم When the Muhajireen arrived in Madinah, an Ansari would inherit from a Muhajir to the exclusion of his own relatives, on account of the brotherhood that the Prophet (peace and blessings be upon him) established between them. When the verse "And for each of you We have appointed heirs" was revealed, he said: It abrogated "And those with whom you have made a covenant of faith".
The Shaykh : is the reading.
The definition of those with kinship ties: every relative who is neither a fixed-share heir nor a residuary heir, meaning he is not a residuary heir, so he is among those with kinship ties.
The father of the mother is among those with kinship ties because he is not an heir; between him and the deceased is a female, and he is a relative, so he is among those with kinship ties.
The son of a maternal brother is among those with kinship ties; the son of a daughter does not inherit, and he is a relative, so he is among those with kinship ties.
So every relative who is neither a fixed-share heir nor a residuary heir is among those with kinship ties.
The scholars (may Allah have mercy on them) differed regarding their inheritance. Some of them included them in inheritance, and some did not. The correct view is that they inherit, because Allah said:[Al-Anfal 8:75] and analogical reasoning requires it, because giving it to these relatives is more appropriate than making it part of the public treasury, because the public treasury is general and giving it to relatives is specific, so they are more deserving of it than others.
Those who advocate for inheritance differed on whether they inherit by kinship or by analogy. There is disagreement on this, and what clarifies the matter will come, if Allah wills, in the chapter on inheritance shares.
And for all, We have made heirs
ولكل جعلنا مواليAnd those with whom you have made a covenant of faith
والذين عاقدت أيمانكمThe Shaykh :
'Aqad
عاقدتThe definition of those with kinship ties: every relative who is neither a fixed-share heir nor a residuary heir, meaning he is not a residuary heir, so he is among those with kinship ties.
The father of the mother is among those with kinship ties because he is not an heir; between him and the deceased is a female, and he is a relative, so he is among those with kinship ties.
The son of a maternal brother is among those with kinship ties; the son of a daughter does not inherit, and he is a relative, so he is among those with kinship ties.
So every relative who is neither a fixed-share heir nor a residuary heir is among those with kinship ties.
The scholars (may Allah have mercy on them) differed regarding their inheritance. Some of them included them in inheritance, and some did not. The correct view is that they inherit, because Allah said:
But those of [blood] relationship are more entitled [to inheritance] in the decree of Allah
وأولوا الأرحام بعضهم أولى ببعض في كتاب اللهThose who advocate for inheritance differed on whether they inherit by kinship or by analogy. There is disagreement on this, and what clarifies the matter will come, if Allah wills, in the chapter on inheritance shares.