“The Book of Inheritance” is book 29 of Al-Kafi, the collection of ash-Shaykh Muhammad ibn Ya'qub al-Kulayni. It holds 306 hadiths — Hadith 12,993–13,042 in the standard numbering. Each is shown below in the original Arabic with an English translation, its full reference, and the grading the hadith scholars gave it where one was recorded. It is long enough that it is split across 7 pages so each one stays quick to load; the parts run in order and are linked at the foot of the page.
1. Ali ibn Ibrahim has narrated from Salih al-Sindiy from Ja‘far ibn Bashir from ‘Abd Allah ibn Bukayr from Husayn al-Raziy who has narrated the following: “I instructed a person to ask abu ‘Abd Allah, ‘Alayhi al-Salam, if the legacy is for the nearest relative or for al-‘Asabah (the relatives from the father’s side only). He (the Imam) said, ‘The legacy is for the nearest relatives and for the mouth of relatives from the father’s side only is dirt (soil).”’
2. A number of our people have narrated from Ahmad ibn Muhammad from Sahl ibn Ziyad and Ah ibn Ibrahim has narrated from his father from Ahmad ibn Muhammad from Muhammad ibn Yahya from Ahmad ibn Muhammad ah from ibn Mahbub from Hisham ibn Salim from Yazid al-Kunasiy who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘Your son is more deserving of you than your grandson, and your grandson is more deserving of you than your brother.’ He (the Imam) said, ‘Your brother from your both parents is more deserving of you than your brother from your father only. Your brother from your father is more deserving of you than your brother from your mother only.’ He (the Imam) said, ‘The son of your brother from your father is more deserving of you than your uncle.’ He (the Imam) said, ‘Your uncle from your father’s father and mother is more deserving of you than your uncle from your grandfather only.’ He (the Imam) said, ‘Your uncle who is a brother of your father from his father only is more deserving of you than your uncle who is a brother of your father from his mother only.’ He (the Imam) said, ‘The son of your uncle who is a brother of your father from his both parents is more deserving of you than the son of your uncle who is a brother of your father from his mother only.’ He (the Imam) said, ‘The son of your uncle who is a brother of your father from his father only is more deserving of you than the son of your uncle who is a brother of your father from his mother only.’”
3. A number of our people have narrated from Ahmad ibn Muhammad from ibn Mahbub who has said that ibn Bukayr informed me from Zurarah who has narrated the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying about the words of Allah, ‘. . .for everyone We have made Mawali (guardians, heirs) in what the parents and relatives leave behind,’ what is meant thereby are relatives in inheritance, not the benefactors who provide benefits. Thus the more deserving of a deceased is one who is nearest to him as a relative and womb, and the relationship which brings him toward it.’”
1. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah and a number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from ibn Mahbub from abu Ayyub al-Khazzaz who has narrated the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said that it is in the book of Ali, ‘Alayhi al-Salam, that every relative is like the kinship and womb that has established such relation unless there is one who is closer to the deceased than him who then becomes a barrier.’”
2. Ibn Mahbub from Hammad abu Yusuf al-Khazzaz from Sulayman ibn Khalid who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’ Amir al-Mu’minin would say, ‘An heir who has an ordained share is more deserving of the legacy.’”
3. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from a man who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘When relations overlay each other then the earliest is more deserving of legacy of his relative, and if they are equal then each one takes the place of one who is close to him.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father from all from ibn abu ‘Umayr from Hisham ibn Salim who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘People do not behave properly in matters of obligations and divorce without the sword (enforcing authority).’”
2. Humayd ibn Ziyad from al-Hassan ibn Muhammad from certain persons of his people from Ibrahim ibn Muhammad ibn ’Isma‘il from Durust ibn abu Mansur from Mu’ammar ibn Yahya who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘Obligations and divorce are not dealt with properly without the sword.’”
3. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from Yahya al-Halabiy from Shu’ayb al-Haddad from Yazid al- Sa’igh who has narrated the following: “I once asked abu ‘ Abd Allah, ‘Alayhi al-Salam, about women; if they inherit from the house. He (the Imam) said, ‘No, but they inherit from the value of the building.’ I (the narrator) then said, ‘People do not agree with it.’ He (the Imam) said, ‘When we will be in authority if people disagree we will use the sword and whip and if they will not behave properly we will strike them with the sword.’”
1. Abu Ali al-Ash ‘ariy and al-Husayn from Muhammad have narrated from Ahmad ibn Ishaq from Sa‘d an ibn Muslim from more than one person of our people who has narrated the following: “A man in Basrah brought a Sahifah (a booklet) and said, ‘O ’Amir al-Mu’minin, look at this booklet; there is advice in it.’ He (the Imam) looked at it, then he looked at the face of the man and said, ’If you are truthful we compensate you; if you are not truthful we will penalize you, if you want us to release you we will release you.’ He said, ’Release me O ’Amir al-Mu’minin. ’ When the man left ’Amir al-Mu’minin said, ‘You are the confused nation after your Prophet. Had you given priority to what Allah has given priority, kept back what Allah has kept back, placed people who possess divine authority and who inherit divine authority as Allah has placed, people who possess divine authority would not become needy. Obligations ordained by Allah would not remain neglected, two people would not quarrel [about a command of Allah and a nation would not fight over a command of Allah] but that the knowledge thereof is with us in the book of Allah. So taste the evil consequences of what your hands have sent ahead of you. Allah is not unjust to the servants. Very soon the unjust will find to what kind of returning place they have returned.”’
2. Ahmad ibn Muhammad has narrated from Ali ibn al-Husayn al-Taymiy from Muhammad ibn al-Walid from Yunus ibn Ya’qub who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin has said, ‘All praise belongs to Allah. What Allah places last no one is able to place it first, and no one is able to place last what He has placed first.’ He (the Imam) then tapped his one hand with the other hand. He said, ‘O confused nation after her Prophet, had you placed first what Allah had done so and had you placed last what Allah had placed last, had you placed people who possess divine authority and who inherit divine authority as Allah had done, people who possess divine authority would not become needy. Deficiency did not occur in the ordained obligations toward Allah. No two people ever disagree on an issue of the laws of Allah or a nation fight over a thing of the commandments of Allah. However, the answer to it and knowledge thereof is with us in the book of Allah. Thus, taste the evil consequences of your affairs and the excess that you committed by your hand’s sending ahead of you. Allah is not unjust to the servants and very soon the unjust will find to what terrible returning place they have returned.’”
1. Al-Husayn from Muhammad has narrated from Mu‘alla’ ibn Muhammad from certain persons of our people from Aban ibn ‘Uthman from abu Maryam al-Ansariy who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘The one who knows the number of the grains of sand of a sand valley definitely knows that no deficiency takes place in the ordained shares which are not more than six.’”
2. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus ibn ‘Abd al-Rahman from Sama‘ah from abu Basir who has narrated the following: “I once said to abu Ja‘far, ‘Alayhi al-Salam, ‘The ordained shares may turn into one hundred or less or more/ He (the Imam) said, ‘The ordained sharers do not exceed six.’ He (the Imam) said that Amir al-Mu’minin would say, ‘The one who has enumerated the number of the grains of sand of a sand valley knows that the ordained shares do not exceed six: if you consider its aspects, it does not exceed six/”
3. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from Muhammad ibn Yahya from Ali ibn ‘Abd Allah from Ya‘qub ibn Ibrahim ibn Sa‘d who has said that narrated to me my father from Muhammad ibn Ishaq who has said that narrated to me al- Zuhriy from ‘Ubayd Allah ibn ‘Utbah who has narrated the following: “I sat with ibn al- ‘Abbas that a mention of ordained shares of inheritance was made and ibn al- ‘Abbas said, ‘Allah is free of all defects, the most great. Do you think that one who enumerates the number of the grains of sand in a sand valley has designated half and half and one-third? The two halves take away the legacy then where is the room for the one-third?’ Zufar ibn ’Aws al-Basriy said, ‘O ibn al- ‘Abbas, who was the first one who caused excess or deficiency in the ordained shares? He said, ‘It was ‘Umar ibn al-Khattab when several ordained shares were before him which he gave certain amount to certain people and he said, “I do not know which one of you is first and which one is last according to Allah and I do not find anything bigger to distribute this asset among you in shares.” So he deducted from each of those with ordained shares to offset for the deficiency. I swear by Allah had he placed first whom Allah had placed first and placed last whom Allah had placed last, then no deficiency would take place in the ordained shares.’ Zufar ibn ’Aws then said to him, ‘What has He placed first and what has He placed last?’ He said, ‘Every ordained share that Allah, most Majestic, most Glorious, has not brought down from its being an ordained share except to another ordained share is what Allah has placed first. What Allah has placed last are such shares that when being moved from its status has no replacement except whatever is left, thus it is what Allah has placed last. The ordained shares that He has placed first are one-half, which is the share of a husband. When something is added to it then it is reduced to one-fourth and thereafter it is not removed to some other position. The share of a wife is one-fourth but when it is removed, it becomes one-eighth and then it remains without change. The share of a mother is one-third and when it is reduced, it becomes one-sixth and it then remains unchanged and these are the ordained shares that Allah, most Majestic, most Glorious, has placed first. Of the shares, that Allah has placed last is the share of two daughters and sisters, which are one-half and two-thirds. However, when they are removed from these positions they are not placed in another position with the remaining of the legacy. Thus, they are that which Allah has placed last. When the ones that are placed first and those, who are placed last come together, the ones that are placed first are given priority. A complete right is given to the beneficiary; then if anything left is given to those whose shares Allah has placed last. If nothing remains then there is nothing for him.’ Zufar ibn ’Aws then said to him (ibn Abbas), ‘What stopped you from giving this advice to ‘Umar?’ He (ibn Abbass) said, ‘It is his fearsomeness. ’ Al-Zuhriy has said, ‘By Allah, had he (ibn Abbas) presented it before a just Imam, who based his command on justice and piety, who would approve it, (the idea of ibn Abbas) then it would pass (in practical form among people) because no two people have disputed over the knowledge of ibn al-‘ Abbas.’”
1. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan all from ibn abu ‘Umayr from ‘Umar ibn ’Udhaynah from Muhammad ibn Muslim and al-Fudayl ibn Yasar and Burayd al-‘Ijliy and Zurarah ibn ‘A‘yan who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, The ordained shares do not face deficiency and they are not more than six.’” It is narrated from the narrator of the previous Hadith from Muhammad ibn ‘Isa ibn ‘Ubayd from Yunus ibn ‘Abd al-Rahman from ‘Umar ibn ’Udhaynah a similar Hadith.
2. It is narrated from the narrator of the previous Hadith from Muhammad ibn ‘Isa from Yunus from Musa ibn Bakr from Ali ibn Sa‘id who has narrated the following: “I once said to Zurarah that Bukayr ibn ’A’yan has narrated to me from abu Ja‘far, ‘Alayhi al-Salam, that the shares do not face deficiency and they are not more than six. He said, ‘This is of things in which there are no differences among our people from abu ‘Abd Allah, and abu Ja‘far, ‘Alayhim al- Salam.”’
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from al-‘Ala’ ibn Razin from Muhammad ibn Muslim who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘The ordained shares do not face deficiency.”’
4. It is narrated from the narrator of the previous Hadith from Ahmad ibn Muhammad from Ali ibn Fladid from Jamil ibn Darraj from Zurarah who has narrated the following: “Abu Ja‘far, commanded abu ‘Abd Allah, ‘Alayhim al-Salam, to make me read the booklet on ordained shares and I saw most of them were up to four shares.’”
5. A number of our people have narrated from Sahl ibn Ziyad from al-Hassan ibn Mahbub from abu Ayyub al-Khazzaz from Muhammad ibn Muslim who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘The ordained shares are not more than six.’”
6. Al-Husayn from Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali al-Washsha’ from Aban ibn ‘Uthman from abu Basir who has narrated the following: “I read before abu ‘Abd Allah, ‘Alayhi al-Salam, the ordained shares (from the book of) according to Ali, ‘Alayhi al-Salam. Many of them were from one-fifth or one-fourth and most of them were from one-sixth.’”
7. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from Khudhaymah ibn Yaqtin from ‘Abd al-Rahman ibn al-Hajjaj from Bukayr who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The roots of ordained shares are six. They do not increase or face deficiency and thereafter the legacy is for those whose shares are mentioned in the book (of Allah).”’
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ibn ’Udhaynah who has said that Zurarah has said, the following: “If you wish to deal with deficiency it is compensated from the share of those who have more, like children and brothers from the father. The husband and brothers from the mother do not compensate the deficiency from their ordained shares which Allah has mentioned.’”
2. Humayd ibn Ziyad from al-Hassan ibn Muhammad ibn Sama‘ah, from ‘Abd Allah ibn Jabalah from abu al-Mighra’ from Ibrahim ibn Maymun from Salim al-Ashal who has narrated the following: “He had heard abu Ja‘far, ‘Alayhi al-Salam, saying, ‘Allah, most Majestic, most Glorious, has placed the parents with all other heirs and [nothing] from their one-sixth is reduced. He has placed husband and wife with heirs and [nothing] is reduced from one-fourth and one-eighth.’”
3. Ali ibn Ibrahim has narrated from his father from ‘Abd Allah ibn al-Mughirah from Ishaq ibn ‘Ammar from abu Basir who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Nothing is reduced from the ordained shares of four people: the parents and the husband and the wife.’”
4. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Durust ibn abu Mansur from abu al-Mighra’ from a man who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘Allah, most Majestic, most Glorious, has placed parents with all other heirs who have ordained shares and nothing is reduced from their one-sixth for each parent and He has placed a husband and wife with all other heirs but nothing is reduced from one-fourth and one-eighth.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa and a number of our people have narrated from Sahl ibn Ziyad all from ibn Mahbub from abu Ayyub al-Khazzaz and others from Muhammad ibn Muslim who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘With the existence of a mother or father or son or daughter no one else inherits except the husband and wife. The one-half share of the husband is not reduced if there are no children; and from one-fourth of a wife nothing is reduced if there are no children; but if there is a child with them then one-fourth is the share of a husband and one-eighth is the share of a wife.’”
2. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa and Ali ibn Ibrahim has narrated from his father all from Ahmad ibn Muhammad from ibn abu Nasr from Jamil ibn Darraj from Zurarah who has narrated the following: “If a deceased leaves behind his mother, or father, or his son or his daughter with one of these four then what Allah, most Majestic, most Glorious, has spoken about, ‘Allah gives you a fatwa about al -Kalalah’ (4:176) does not apply. With the existence of the mother, father, son or daughter no one of the creatures of Allah, most Majestic, most Glorious, inherits except the husband and wife/”
1. Ali ibn Ibrahim has narrated from his father from ’Isma‘il ibn Marrar from Yunus ibn ‘Abd al-Rahman who has narrated the following: “I once asked al-Rida’, ‘Alayhi al-Salam, ‘I pray to Allah to keep my soul in service for your cause, why is it that when a man dies his sons’ shares of the legacy are twice as much as the share of his daughters even though females are less capable and weaker?’ He (the Imam) said, ‘It is because Allah, most Majestic, most Glorious, has preferred men over women and because women become dependents of men.’”
2. Ali ibn Muhammad has narrated from Muhammad ibn abu ‘Abd Allah from Ishaq ibn Muhammad al-Nakha’iy who has narrated the following: “Once, al-Fahfakiy asked abu Muhammad, ‘Alayhi al-Salam, ‘Why is it that the destitute and weak woman’s share of the legacy is half as much as the share of man?’ Abu Muhammad, ‘Alayhi al-Salam, said, ‘It is because there is no Jihad on women; maintenance expenses and wergild to be paid by the relatives of the murderer, it is on men.’ I then said to myself that I was told about ibn abu al-‘Awja’s question to abu ‘Abd Allah, ‘Alayhi al-Salam, about this issue and he had answered with this answer. Abu Muhammad, ‘Alayhi al-Salam, turned to me and said, ‘Yes, this is the question of ibn abu al-‘Awja’ and the answer from us is one if the meaning of the question is the same. What applies to the last of us applies to the first of us. Our first and last in knowledge are the same, however, the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and Amir al-Mu’minin have their excellence.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from Hisham from al-Ahwal who has narrated the following: “Once ibn abu al-‘Awaja’ asked me, ‘Why is it that the destitute and weak woman’s share of the legacy is half as much as the share of man?’ He (the narrator) has said that certain persons of our people mentioned to abu ‘Abd Allah, ‘Alayhi al-Salam, who said, ‘It is because there is no Jihad on women and maintenance expenses and wergild to be paid by the relatives of the murderer; which is on men.
1. Ali ibn Ibrahim has narrated from his father from Hammad ibn ‘Isa from Hariz who has narrated the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘When a man dies and leaves behind sons, the eldest son receives the sword, coat of arms, the ring and his (holy) book. If something happens to him then such items belong to the eldest son.’”
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ibn ’Udhaynah from certain persons of his people who has narrated the following: “One of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘If a man leaves behind a sword and arms and sons, such items belong to the eldest son.”’
3. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from ibn abu ‘Umayr from ‘Rib‘iy who has narrated the following: “Abu ‘Abd Allah, Alayhi al-Salam, has said, ‘When a man dies, his sword, holy book, his ring and coat of arms belong to his eldest son.’”
4. A number of our people have narrated from Ahmad ibn Muhammad ibn Khalid from his father from Hammad ibn ‘Isa from ‘Rib‘iy ibn ‘Abd Allah who has narrated the following: “Abu ‘Abd Allah, Alayhi al-Salam, has said, ‘When a man dies, his sword, ring, holy book, his books, his personal belongings, his stumper and clothes belong to his eldest son and if the eldest among his children is a girl then such items belong to the next eldest son.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘ Umayr from Jamil ibn Darraj from Zurarah who has narrated the following: “Abu Ja’far, ‘Alayhi al-Salam, has said, ‘Ali, ‘Alayhi al-Salam, inherited the knowledge of the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and Fatimah, Alayha al-Salam, inherited his legacy.’”
2. Ahmad ibn Muhammad has narrated from Ali ibn al-Hassan from Ali ibn Asbat from al-Hassan ibn Ali ibn ‘Abd al-Malik, Hayde r from Hamzah ibn Humran who has narrated the following: “I once asked abu ‘ Abd Allah, ‘Alayhi al-Salam, ’Who inherited the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause?’ He (the Imam) said, ’Fatimah, ‘Alayha al-Salam, inherited his household assets and all that belonged to him (the Messenger of Allah).”’
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Ahmad ibn Muhammad from Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn abu ‘Umayr from Jamil ibn Darraj from Salmah ibn Muhriz who has narrated the following: “I once said to abu ‘Abd Allah, ‘Alayhi al-Salam, that an Armani man has died and has made a will to me. He (the Imam) asked, ‘What is Armaniy?’ I replied, ‘He is a Nabatiy from Nabatiy people of mountains who has died. He has made a will to me about his legacy and has left behind his daughter.’ He (the Imam) said to me, ‘Give her one-half.’ I then informed Zurarah about it and he said, ‘He (the Imam) has been protective ( taqiyah ) of you, otherwise, all the legacy belongs to the daughter.’ He (the narrator) has said that I then visited him (the Imam) afterwards and said, ‘I pray to Allah to keep you well, our people think that you have been protective with me.’ He (the Imam) said, ‘No, by Allah I have not been protective of you, but I have been protective against you to be held responsible; has anyone had any knowledge of it?’ I replied, ‘No, no one knows.’ He (the Imam) said, ‘Give her the rest of her legacy.’”
4. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from ‘Abd Allah ibn Khidash al-Minqariy who has narrated the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about the case of a man who dies and leaves behind his daughter and his brother. He (the Imam) said, ‘The legacy belongs to his daughter.’”
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and a number of our people have narrated from Sahl ibn Ziyad all from ibn Mahbub from ibn Ri’ab from Zurarah who has narrated the following: “About the case of a man who dies and leaves behind his daughter and his sister from his father and mother, he (the Imam) said, ‘The legacy belongs to his daughter and there is nothing for the sister from his father and mother.’”
6. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from al-Qasim ibn Muhammad ibn ‘Urwah from Burayd al- ‘ Ij liy who has narrated the following: “I once asked abu Ja’far, ‘Alayhi al-Salam, about the case of a man who dies and leaves behind his daughter and uncle. He (the Imam) said, ‘The legacy belongs to his daughter and there is nothing for the uncle, aunt’, or that he (the Imam) said, ‘There is nothing for the uncle with the existence of the daughter.’”
7. Humayd ibn Ziyad has narrated from al-Husayn ibn Muhammad ibn Sama‘ah from ‘Abd Alfah ibn Jabalah from ‘Abd Alfah ibn Bukayr from Hamzah ibn Humran from ‘Abd ai-Hamid af-Ta”iy from ‘Abd Affah ibn Muhriz Bayya‘ ai-Qaianisiy who has narrated the foiiowing: “A man made a will about five hundred dirhams or six hundred dirhams, leaving behind his daughter, and told me that his paternal relatives are in Sham. I asked abu ‘Abd Allah, ‘Alayhi al-Salam, about it and he (the Imam) said, ‘Give one-half to his daughter and the other half to his paternal relatives.’ When I returned to al-Kufah, I told our people about it and they said that he (the Imam) has said so because of taqiyah (fear). I then gave the other half to his daughter; then I went for al-Hajj and visited abu ‘Abd Allah, ‘Alayhi al-Salam. I informed him (the Imam) about what our people had said and that I have given the other half also to his daughter. He (the Imam) said, ‘You have done good. I gave the fatwa that I did because of fear for you from the paternal relatives.’”
8. Afi ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ‘Umar ibn ’Udhaynah from ‘Abd Allah ibn Muhriz who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who dies and leaves behind his daughter and his sister from his mother and father. He (the Imam) said, ‘The legacy belongs to his daughter and there is nothing for his sister from his mother and father.’”
9. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad al-Kindiy from Ahmad ibn al-Hassan al-Mithamiy from Aban ibn ‘Uthman from ‘Abd Allah ibn Muhriz who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who made a will to me and died, leaving behind his daughter. He (the Imam) said, ‘Give one-half to his daughter and leave the other half for al-Mawali (friends, guardians or masters).’ I then returned to our people and they said, ‘No, by Allah, there is nothing for al-Mawali.’ I went back to him (the Imam) and informed him that our people say, ‘There is nothing for al-Mawali. He (the Imam) has said so because of fear (taqiyah).’ He (the Imam) said, ‘No, by Allah, I did not do so because of fear ( taqiyah ) but I was afraid for you that you will be asked about one-half. If you are not afraid; give the other half also to his daughter and Allah will relieve you of the burden.’”
1. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from ibn Mahbub from Sa‘d ibn abu Khalaf who has narrated the following: “Abu al-Hassan, al-Awwal, ‘Alayhi al-Salam, has said, ‘Granddaughters replace their mother if the deceased does not leave behind any daughters and there is no other heir. Daughters of one’s son replace one’s son if the deceased does not leave behind any daughters of children and there are no other heirs besides them.’”
2. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from Muhammad ibn Sukayn from Ishaq ibn ‘Ammar who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Grandchildren take the place of their father.’”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from ‘Abd al-Rahman ibn al-Hajjaj who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Granddaughters from the daughter’s side take the place of their mother if other daughters of the deceased do not exist.’”
4. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan Safwan from ‘Abd al-Rahman ibn al-Hajjaj who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Granddaughters from the daughter’s side keep the place of their mother if the deceased does not leave behind other daughters and there is no other heir besides them. Daughters of one’s son take the place of their father if the deceased does not leave behind a son and no one else inherits with them.’ “Al-Fadl has said, ‘Grandsons always keep the place of a deceased’s son; if a son from his seed does not exist [and] with them no one inherits except the parents of the deceased and husband and wife.’ If a deceased leaves behind a grandson and granddaughter from his son the legacy is given to them with the male receiving twice as much as the share of a female. ‘If a deceased leaves behind a grandson from the side of his son and a granddaughter from the side of his daughter the grandson from the side of the son receives two-thirds and the granddaughter from the side of the daughter receives one-third. ‘If a deceased leaves behind a granddaughter from his son and a granddaughter from his daughter, the granddaughter from his son receives two-thirds of the legacy and the granddaughter from his daughter receives one-third of the legacy. The rule in such case is like the rule for sons and daughters from one’s seed, for the children of one’s son is two-thirds and for the children of daughters is one-third. If a deceased leaves behind three sons or daughters of whom certain ones are of the next generation; the legacy in such case belongs to the generation before it. The next generation does not inherit anything because of the closest generation. The same is the case when all of them are daughters and in the next generation there is a boy, then the entire legacy belongs to the generation before, not for the next generation; the generation closer to the deceased is more deserving of the legacy. An example of this is when a deceased leaves behind a grandson from his daughter and a great grandson from the daughter of his son. The legacy in this case belongs to the grandson from his daughter because he is the closest to the deceased. So also is the case if a deceased leaves behind daughter of his daughter and son of the daughter of his son. In this case, the legacy belongs to the daughter of his daughter because she is closest to the deceased. The same is the case when a deceased leaves behind a daughter of his daughter and his great grandson, in which case the entire legacy belongs to the granddaughter; she is of closest generation. The same is the case also if a deceased leaves behind a grandson from his daughter and granddaughter from his daughter, a woman and other relatives. The woman’s share is one-eighth and the remaining is distributed between the granddaughter and grandson from his daughter; for each male twice as much as the share of a female. Thus, the legacy is made into twenty- four shares, one-eighth for the woman, which is three shares, for the granddaughter seven shares and for the grandson from the daughter fourteen shares. ‘If a deceased leaves behind a husband, a granddaughter from his daughter and a grandson from his daughter, the share of the husband is one-fourth and the rest of the legacy belongs to the granddaughter and grandson; each male’s share twice the share of the female which can be taken from four shares. The husband receives one share, the grandson from his daughter receives two shares and the granddaughter from his daughter receives one share. ‘If a deceased leaves behind a son of her daughter, the son of her son and her husband, the husband receives one-fourth and the rest belongs to the son of her daughter and the son of her son. The share of the son of her daughter is the share of his mother, which is one-third. The share of the son of her son is the share of her son, which is two-thirds, and this also can be distributed from four shares. ‘If a deceased leaves behind a husband and a daughter of her daughter the share of the husband is one- fourth and the rest of the legacy belongs to the daughter of her daughter. ‘If a deceased leaves behind a daughter of a daughter and both parents, then the share of parents are two-sixths. The share of a daughter of a daughter is one-half. The one remaining share is given to them as the remaining returned proportionate to their shares. Thus, the remaining is made into five parts of which the parents receive two shares and the daughter of the daughter receives three shares. If a deceased leaves behind a son of a daughter and both parents whose shares are two-sixths and the share of the son of the daughter is one-half which also can be distributed from five shares of which two shares are for the parents and three shares are for the son of the daughter. ‘If a deceased leaves behind a daughter of a son and both parents whose share is two-sixths and the remaining belongs to the daughter of the son, and this can be divided from six shares, of which two shares are for the parents and four shares for the daughter of the son.’ “Al-Fadl has said that one proof of the mistake that people make is in matters of inheritance of the children of daughters. They consider the children of daughters like the children of man from his seed in all rules except in inheritance. In this case they in consensus all say that wife of the son of the daughter is not lawful for a man or the wife of the son of son of a daughter. It is because of the words of Allah, most Majestic, most Glorious . . women lawful for your sons who are from your seed.’ (4:23) If in this case the son of the daughter is the son of a man from his seed; why does it not apply in inheritance to the son of the daughter? So also they have said, ‘If a man divorces his wife before going to bed with her; that women is not lawful for the son of his daughter because of the words of Allah, most Majestic, most Glorious, ‘. . .do not marry whom your fathers (ancestors) have married of women.’ (4:22) How then has man here become the father of the son of his daughter and he does not become his father in matters of inheritance? So also, they have said, ‘It is unlawful to marry a woman who was married to the son of one’s daughter.’ In the same way, they have said that if one testifies for the father of one’s mother or for the son of a daughter, his testimony and similar testimony is not acceptable in many of their judgments. When they come to the issue of inheritance they say that the son of a daughter is not considered as one’s son and he is not considered his father, because of their following their ancestors who wanted to invalidate al-Hassan and al-Husayn, ‘Alayhi al-Salam, because of their mother but Allah is the supporter. This is what Allah has stated in His book in His words, ‘To everyone We gave guidance and We guided Nuh before and of the offspring of Dawud and Sulayman and Ayyub . . . and Jesus and ‘Ilyas qhow were all pious people.’ (6:84-85) He has called Jesus from the descendents of Adam and Nuh when he is the son of a daughter because Jesus had no father; then why is it that the children of a daughter of a man are not considered as one’s children? Yes, it is true if they want fairness and the truth, only Allah grants good opportunity.”
1. A number of our people have narrated from Sahl ibn Ziyad from ibn Mahbub, a number of our people have narrated from Ahmad ibn Muhammad, and Ali ibn Ibrahim has narrated from his father all from ibn Mahbub from Ali ibn Ri’ab and abu Ayyub al-Khazzaz from Zurarah who has narrated the following: “About the case of a man who dies and leaves behind his parents, abu Ja‘far, ‘Alayhi al-Salam, has said, ‘The father receives two shares and the mother receives one share.”’
2. Al-Husayn from Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali from Hammad ibn ‘Isa who has narrated the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about the case of a man who leaves behind his mother and brother. He (the Imam) said, ‘O Shaykh, do you want the answer according to the book?’ He (the narrator) has said that I said, ‘Yes, I want it according to the book.’ He (the Imam) said, ‘Ali, ‘Alayhi al-Salam, would give the legacy to the nearest relative.’ I then asked, ‘So, the brother does not inherit?’ He (the Imam) said, ‘I just informed you that Ali, ‘Alayhi al-Salam, would give the legacy to the nearest relative.’”
Daif (per the well-known view)· al-Majlisi
Sunni collections: text from the open hadith-api dataset. Al-Kafi: Arabic text, Muhammad Sarwar's translation and gradings from Thaqalayn.net via the Thaqalayn API. Hadith numbering follows those editions and can differ from a printed copy — check the Arabic against a trusted edition before relying on a reference.
