Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-04a
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The reciter: Abu al-Walid narrated to us, Shu'bah narrated to us from Qatadah from Anas from the Prophet (peace and blessings be upon him) who said: Sahih al-Bukhari 6762.
The Shaykh : The client of a people is one of themselves, because clientage is a bond like the bond of kinship. For this reason, they inherit from them. The scholars differed on whether they inherit from them or not; the scholars disagreed on this.
He is also called the client from below. It is said: "Nafi' is the client of Ibn 'Umar," and it is said: "Ibn 'Umar is the client of Nafi'." We say Ibn 'Umar is the client from above, and we say Nafi' is the client from below. The client from above inherits because he is the one who freed the slave. There is disagreement among the scholars regarding the client from below, and although it is a weak position, most scholars hold that there is no clientage from below. However, some scholars say that there is clientage from below if the higher clientage does not exist, then the lower clientage applies. Perhaps this is supported by the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 6762, for just as they inherit from them, they should inherit from them if the other causes of inheritance are not available.
As for his saying:, what do you say about the son of a sister? Does he inherit or not?
The students: He does not inherit.
The Shaykh : Why?
The Shaykh : Because he is among the distant relatives, and there is a female between him and the deceased. Whoever has a female between him and the deceased among the distant relatives does not inherit. However, he is among the relatives by blood according to the scholars, because the heirs according to the people of knowledge are three: those with a fixed share, the residuary heirs, and the relatives by blood.
So the relatives by blood are everyone who is not a fixed-share heir or a residuary heir; these are the relatives by blood. So it seems that al-Bukhari (may Allah have mercy on him) is pointing to the opinion of the inheritance of relatives by blood, as is the correct view. We will come to that in detail, if Allah wills, in the lesson on inheritance.
The son of the sister of some people is from them or from their own selves.
ابن أخت القوم منهم - أو : من أنفسهم -The Shaykh : The client of a people is one of themselves, because clientage is a bond like the bond of kinship. For this reason, they inherit from them. The scholars differed on whether they inherit from them or not; the scholars disagreed on this.
He is also called the client from below. It is said: "Nafi' is the client of Ibn 'Umar," and it is said: "Ibn 'Umar is the client of Nafi'." We say Ibn 'Umar is the client from above, and we say Nafi' is the client from below. The client from above inherits because he is the one who freed the slave. There is disagreement among the scholars regarding the client from below, and although it is a weak position, most scholars hold that there is no clientage from below. However, some scholars say that there is clientage from below if the higher clientage does not exist, then the lower clientage applies. Perhaps this is supported by the saying of the Prophet (peace and blessings be upon him):
The son of the sister of some people is from them or from their own selves.
إن مولى القوم منهم أو من أنفسهمAs for his saying:
The son of a sister of a people
ابن أخت القومThe students: He does not inherit.
The Shaykh : Why?
The Shaykh : Because he is among the distant relatives, and there is a female between him and the deceased. Whoever has a female between him and the deceased among the distant relatives does not inherit. However, he is among the relatives by blood according to the scholars, because the heirs according to the people of knowledge are three: those with a fixed share, the residuary heirs, and the relatives by blood.
So the relatives by blood are everyone who is not a fixed-share heir or a residuary heir; these are the relatives by blood. So it seems that al-Bukhari (may Allah have mercy on him) is pointing to the opinion of the inheritance of relatives by blood, as is the correct view. We will come to that in detail, if Allah wills, in the lesson on inheritance.