This is part 3 of 7 of “The Book of Inheritance”, book 29 of Al-Kafi — Hadith 13,093–13,142. The book 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.
2. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from al-Qasim ibn Muhammad ibn Sulayman who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that Ali, ‘Alayhi al-Salam, would make the son of a brother to inherit the share of his father with a grandfather.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu Najran from ‘Asem ibn Humayd from Muhammad ibn Muslim who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said that Jabir narrated to me from the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and he [Jabir] did not lie, that the son of a brother distributes the legacy with a grandfather.’”
4. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah who has said that abu Shu’ayb has narrated from Rifa‘ah, from Aban ibn Taghlib who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a son of a brother and a grandfather. He (the Imam) said, ‘The legacy between them is half and half.’”
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from abu Ayyub al-Khazzaz from Muhammad ibn Muslim who has narrated the following: “I once looked in a book in which abu Ja‘far, ‘Alayhi al-Salam, was looking and I read therein that a son of a brother and grandfather share the legacy in equal ratios. I then said to abu Ja‘far, ‘Alayhi al- Salam, ‘People around us do not judge with such judgment and they do not give to a son of a brother anything with a grandfather.’ Abu Ja‘far, ‘Alayhi al-Salam, said, ‘This is the dictation of the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, in the handwriting of Ali, ‘Alayhi al-Salam, from the mouth of the Messenger of Allah with his (Ali’s) hand.’”
6. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from ‘Abd Allah ibn Jabalah from abu al-Mighra’ from Sama‘ah from abu Basir who has narrated the following: “I once heard a man asking abu Ja‘far or abu ‘Abd Allah, ‘Alayhim al-Salam, when I was with him (the Imam), about the son of a brother and a grandfather. He (the Imam) said, ‘The legacy is made half and half between the two of them.’”
7. Al-Fadl has narrated from ibn Mahbub from Sa‘d ibn abu Khalaf from certain persons of abu ‘Abd Allah, ‘Alayhi al-Salam, who has narrated the following: “About the case of daughters of a sister and a grandfather, abu ’Abd Allah, ‘Alayhi al-Salam, has said, ‘The daughter of a sister receives one-third and the rest is for the grandfather; the daughters of the sister take the place of the sister and have made the grandfather like a brother.”’
8. 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 al-Hassan ibn Salih who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a woman who is married, but before going to bed with her husband, has died leaving behind her mother, two brothers from her father and mother and her grandfather, who is the father of her mother, and her husband. He (the Imam) said, ‘The husband receives one-half and the rest belongs to her mother. The grandfather does not receive anything; his daughter bars him from inheritance and brothers do not receive anything.’”
9. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from Ali ibn abu Hamzah from abu Basir 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 father, his uncle and grandfather. He (the Imam) said, ‘The father bars the grandfather. The legacy belongs to the father and there is nothing for the uncle and grandfather.’”
10. It is narrated from the narrator of the previous Hadith and Ali ibn ‘Abd Allah all from Ibrahim from ‘Abd Allah ibn Ja‘far who has narrated the following: “I once wrote to abu Muhammad, ‘Alayhi al-Salam, and asked that a woman has died leaving behind her husband, her parents or her grandfather or her grandmother; how is the legacy distributed? He (the Imam), ‘Alayhi al-Salam, signed the answer that said, ‘The share of the husband is one-half and the rest belongs to the parents. It is also narrated that the Messenger of Allah, provided for the grandfather and grandmother one-sixth.’”
11. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, provided for the grandmother with one-sixth.’”
12. It is narrated from the narrator of the previous Hadith from Jamil ibn Darraj who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, provided for the grandmother, mother of the father, one-sixth when his son was alive and provided for the grandmother, mother of the mother, one-sixth when her daughter was alive.’”
13. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from ibn Bukayr from Zurarah who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, provided for the grandmother one-sixth but did not sanction anything for her.’”
14. Ahmad ibn Muhammad has narrated from ibn Faddal from ‘Abd Alfah ibn af-Mughirah from Musa ibn Bakr from Zurarah who has narrated the foffowing: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘The Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, provided for the grandmother one-sixth as food.’”
15. Afi ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Sa‘d ibn abu Khalaf from ‘Abd al-Rahman ibn abu ‘Abd Allah who has narrated the following: “I once visited abu ‘Abd Allah, ‘Alayhi al-Salam, when Aban ibn Taghlib was with him (the Imam) and I said, ‘I pray to Allah to keep you well, my daughter has died and my mother is alive.’ Aban said, ‘There is nothing for your mother.’ Abu ‘Abd Allah, ‘Alayhi al-Salam, said, ‘Allah is free of all defects, give her one-sixth.’”
16. A number of our people have narrated from Ahmad ibn Muhammad from Ali ibn Asbat from ’Isma‘il ibn Mansur from certain persons of his people who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘When four grandmothers come together, two from the side of the mother and two from the side of the father, one by means of raffle is reduced from the side of the mother, then one-sixth will be distributed among the three. Also if four grandfathers come together, one by means of raffle is reduced from the side of the mother, and the one-sixth is distributed among the three.’” [Note: The next several pages of the Arabic text are the words of our scholars and are not translated.]
1. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad from Muhammad ibn Yahya from Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father and Humayd ibn Ziyad from al-Hassan ibn Muhammad all of them from ibn Mahbub from Ali ibn Ri’ab from abu Basir who has narrated the following: “I once asked abu ‘ Abd Allah, ‘Alayhi al-Salam, about certain issues of ordained shares of inheritance. He (the Imam) said, ’Do you like if I show you the book of Ali, ‘Alayhi al-Salam ?’ I said, ‘But the book of Ali, ‘Alayhi al-Salam, is no longer studied.’ He (the Imam) said, ‘O abu Muhammad, how can you say that the book of Ali, ‘Alayhi al-Salam, is no longer studied?’ He (the Imam) brought it out and it was a magnificent book. I saw in it this case, ‘A man dies and leaves behind his paternal and maternal uncles.’ It said, ‘The paternal uncle receives two-thirds and the maternal uncle receives one- third.’”
2. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from abu Basir who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘The maternal uncle and maternal aunt inherit if there are no other heirs. Allah, most Majestic, most Glorious, has said, ‘. . . relatives have priorities over other relatives according to the book of Allah.’(33:6)”
3. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah, from Wuhayb from abu Basir who has narrated the following: “I once heard abu Ja‘far, ‘Alayhi al-Salam, saying, ‘Maternal uncle and maternal aunt inherit if there are no other heirs with them. Allah, most Majestic, most Glorious, has said, ‘. . . relatives have priorities over other relatives according to the book of Allah.’ (33:6)”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhsin ibn Ahmad from Aban from abu Maryam who has narrated the following: “About the case of the paternal aunt and maternal aunt, abu Ja’far, ‘Alayhi al-Salam, has said, ‘It is one-third and two-thirds; two-thirds for the paternal aunt and one-third for the maternal aunt.’” Humayd ibn Ziyad, from al-Hassan ibn Muhammad, from al-Muthanna’, from Aban, from abu Maryam, from abu Ja‘far, ‘Alayhi al-Salam, has narrated a similar Hadith.
5. Humayd ibn Ziyad has narrated from al-Hassan from Wuhayb from abu Basir who has narrated the following: “About the case of a man who has left behind his paternal aunt and maternal aunt, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The paternal aunt receives two-thirds and the maternal aunt receives one- third.’”
6. Ali ibn Ibrahim has narrated from his father from Hammad from Hariz from Muhammad ibn Muslim 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 a maternal uncle, maternal aunt, paternal uncle, paternal aunt, his son, his daughter, his brother and sister. He (the Imam) said, ‘All of them inherit and protect. When there are the paternal aunt and maternal uncle, then the paternal aunt receives two-thirds and the maternal uncle receives one-third of the legacy.’”
7. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Sahf ibn Ziyad from af-Husayn ibn af-Hakam who has narrated the folfowing: “About the case of a man who dies leaving behind his two maternal aunts and relatives, abu Ja’far, ‘Alayhi al-Salam, has said, ‘Relatives have priorities over each other. The legacy belongs to the two maternal aunts.”’
8. Afi ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Durust ibn abu Mansur from abu af-Mighra’ from a man who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘If a man dies and leaves behind a paternal aunt and maternal aunt, the paternal aunt receives two-thirds and the maternal aunt receives one-third of the legacy.’” Al-Fadl has said that if a deceased leaves behind two paternal uncles, one from both parents and the other from the father, the legacy belongs to the one who is from both parents. If a deceased leaves behind many uncles and aunts, the legacy among them is distributed by giving each male twice the share of a female. If a deceased leaves behind maternal uncles and aunts, the legacy is distributed between both male and female in equal shares. If he leaves behind a maternal uncle from both parents and one from mother’s side only, the legacy belongs to the uncle from both parents, and so is the case about paternal aunt and maternal aunt in this issue. The legacy belongs to the ones who are from both parents and not to the one who is just from the father’s side.
9. The Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said: ‘A maternal uncle inherits one who has no other heirs.’” [Note: The next several pages of the Arabic text are the words of al-Fadl and are not translated.]
1. Ali ibn Ibrahim has narrated from his father from ibn abu Najran and Muhammad ibn ‘Isa from Yunus all from ‘Asem ibn Humayd from Muhammad ibn Qays who has narrated the following: “About the case of a woman who dies leaving behind her husband and no other known heirs, abu Ja‘far, ‘Alayhi al-Salam, has said, The entire legacy belongs to the husband.’”
2. It is narrated from the narrator of the previous Hadith from Muhammad ibn ‘Isa from Yunus from Yahya al-Halabiy from Ayyub ibn al-Hurr from abu Basir who has narrated the following: “I once was with abu ‘Abd Allah, ‘Alayhi al-Salam, and he (the Imam) asked for al-Jami‘ah (the renown book of Ali, ‘Alayhi al-Salam ). We looked in it and found this case: ‘If a woman dies leaving behind just her husband and no other heirs, the entire legacy belongs to him (the husband).”’
3. Humayd ibn Ziyad al-Hassan ibn Muhammad ibn Sama‘ah, from Wuhayb from abu Basir who has narrated the following: “About the case of a woman who dies leaving behind just her husband, abu Ja‘far, ‘Alayhi al-Salam, has said, ‘The entire legacy belongs to him (the husband) if no other heirs exist.’” It is narrated from the narrator of the previous Hadith from ‘Abd Allah ibn Jabalah from Ali ibn abu Hamzah from abu Basir a similar Hadith.
4. Al-Husayn from Muhammad has narrated from Mu‘alla’ ibn Muhammad from certain persons of his people from Aban from ’Isma‘il ibn ‘Abd al-Rahman al-Ju‘fiy who has narrated the following: “About the case of a woman who dies leaving behind just her husband, abu Ja‘far, ‘Alayhi al-Salam, has said, ‘The entire legacy belongs to him (the husband) if no other heirs exist.’”
5. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ibn Muskan from abu Basir who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a woman who dies and leaves behind just her husband. He (the Imam) said, ‘The legacy belongs to him.’ He said, ‘It means that there are no other heirs besides the husband.’”
6. Ali has narrated from Muhammad ibn ‘Isa from Yunus from abu Basir who has narrated the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the case of a woman who dies and does not leave behind any heirs except her husband. He (the Imam) said, ‘The legacy entirely belongs to him (the husband).”’
7. A number of our people have narrated from Sahl ibn Ziyad from Ali ibn Asbat ‘Abd Allah ibn al-Mughirah from ‘Uyaynah Bayya’ al-Qasb from abu Basir who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a woman who dies leaving behind her husband. He (the Imam) said, ‘All of her asset belongs to her husband.’”
1. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from Muhammad ibn al-Hassan ibn Ziyad al-‘Attar from Muhammad ibn al-Nu’aym al-Sahhaf who has narrated the following: “Muhammad ibn abu ‘Umayr Bayya‘ al-Sabiriy died and he made a will to me. He left behind his wife and no other heirs. I wrote to the virtuous servant (of Allah) about it and he (the Imam) wrote to me the answer that said, ‘Give one-fourth to the woman (his wife) and deliver the rest to us.’”
2. It is narrated from the narrator of the previous Hadith from al-Hassan ibn Muhammad from Muhammad ibn Sukayn and Ali ibn abu Hamzah from Mushma‘il and ibn Ribat from Mushma‘il all of them from abu Basir who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, once read for me (from the book) on the issue of ordained shares of inheritance the following: ‘A woman dies and leaves behind her husband,’ he (the Imam) said, ‘The entire legacy belongs to him. If a man dies and leaves behind his wife, he (the Imam) said that one- fourth belongs to her and the rest belongs to the Imam.’”
3. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad from Wuhayb ibn Hafs from abu Basir who has narrated the following: “About the case of a woman who dies and leaves behind her husband, abu Ja‘far, ‘Alayhi al-Salam, has said, ‘One-fourth belongs to the woman and the rest belongs to the Imam.’”
4. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from Ali ibn Mahziyar who has narrated the following: “Once Muhammad ibn Hamzah al-‘Alawiy wrote to abu Ja‘far, al-Thaniy, ‘Alayhi al-Salam, and asked, ‘One of your Mawla made a will to me about a hundred dirham and I heard him say, ‘Everything that belongs to me is for my Mawla.’ He died and left it but did not instruct to give anything from it. He has two women of whom one is in Baghdad whose address I do not know at this time and the other is in Qum; so what do you command me about the one hundred dirham?’ He (the Imam) wrote to him saying, ‘Find out how you can give from these dirham to the two wives of the man. Their rights in it is one-eighth if he has left any children but if he has not left any children, then it is one-fourth; and give the rest as charity to whomever you know is needy and deserving of charity, by the will of Allah.’”
5. A number of our people have narrated from Sahl ibn Ziyad from Ali ibn Asbat from Khalaf ibn Hammad from Musa ibn Bakr from Muhammad ibn Muslim who has narrated the following: “About the case of a man who dies and leaves behind his wife, abu Ja‘far, ‘Alayhi al-Salam, has said, ‘One-fourth belongs to her and the rest must be given to us.’”
1. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from Muhammad ibn Humran from Zurarah from Muhammad ibn Muslim who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘Women do not inherit from land and real property anything.’”
2. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Humayd ibn Ziyad from ibn Sama‘ah, all from ibn Mahbub from Ali ibn Ri’ab from Zurarah who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘A woman does not inherit anything of the towns, houses, arms and stumper that her husband leaves behind; but she inherits from assets, furnishings, clothes, household items which he has left and the broken homes, doors, branches and reeds must be appraised to pay her right thereof.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ibn ’Udhaynah from Zurarah, Bukayr, Fudayl, Burayd and Muhammad ibn Muslim from abu Ja‘far and abu ‘Abd Allah, ‘Alayhim al-Salam, and certain ones of them has narrated from abu ‘ Abd Allah, and others have narrated who has narrated the following: “One of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘A woman does not inherit from the legacy of her husband in the form of land of his house or land. However, she can inherit from bricks and wood which must be appraised from the value of which one-fourth must be given to her or one-eighth, if she has children, of the value of bricks, branches and wood.’”
4. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil from Zurarah and Muhammad ibn Muslim who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘Women do not inherit from the real property or land anything.’”
5. A number of our people have narrated from Sahl ibn Ziyad from Ali ibn al-Hakam from al-‘Ala’ from Muhammad ibn Muslim who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘A woman inherits from bricks but does not inherit from residence anything.’ I then asked, ‘How is it that she inherits from branches but not from the roots?’ He (the Imam) said to me, ‘She does not have lineage because of which she can inherit. She is an addition to them thus she inherits from branches and not from the roots and no addition is made to them because of her.’”
6. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad ibn ‘Uthman from Zurarah [or] and Muhammad ibn Muslim who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Women do not inherit from real property or houses anything but the building and bricks must be appraised to give one-eighth or one-fourth thereof to her.’ He (the Imam) said, ‘This is because women may get married and thus spoil the legacy for the heirs.’”
7. Al-Husayn from Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali from Hammad ibn ‘Uthaman who has narrated the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘The women’s share of legacy is sanctioned to be from the value of wood and brick of the house only, so that she after getting married will not spoil the legacy of the heirs.’”
8. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from Yahya af-Halabiy from Shu’ayb from Yazid af-Sa’igh who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of women if they inherit from land. He (the Imam) said, ‘No, but they inherit from the value of the building.’ I then said, ‘People do not agree with it.’ He (the Imam) said, ‘When we become in authority, if they did not agree, we will whip them and if they did not become straight we will use sword against them.’”
9. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from his uncle Ja‘far ibn Sama‘ah from Muthanna’ from ‘Abd al-Malik ibn ‘A’yan who has narrated the following: “One of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘Women do not receive anything from houses and real property.’”
10. Muhammad ibn abu ‘Abd Allah has narrated from Mu‘awiyah ibn al-Hakim from Ali ibn al-Hassan ibn Ribat from Muthanna’ from Yazid al-Sa’igh who has narrated the following: “I once heard abu Ja‘far, ‘Alayhi al-Salam, saying, ‘Women do not inherit from the land or the house anything, however, they can have their share from the value of bricks and wood.’ He (the narrator) has said that I said to him (the Imam), ‘People do not follow it.’ He (the Imam) said, ‘When we become in authority, we will whip them, and if they will not desist we will use sword against them.’”
11. A number of our people have narrated from Sahl ibn Ziyad from Ali ibn al-Hakam from Aban al-Ahmar who has said that I do not know it except from Muyassir Bayya’ al-Zuttiy who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of women and their share of inheritance. He (the Imam) said, ‘They can have their share from the value of bricks, building, wood and reeds, but they cannot inherit land and real property.’ I asked about clothes. He (the Imam) said, ‘They can inherit from clothes.’ I then asked, ‘How is it that for this is the value and for this is the defined land?’ He (the Imam) said, ‘It is because women do not have their lineage whereby they can inherit. She is an addition on them. It is also because when she gets married and brings her husband or children from another people, it can cause trouble for the heirs.’”
1. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from all from ibn abu ‘Umayr from ‘ Abd al-Rahman ibn al-Hajjaj who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, once asked me, ‘Does ibn abu Layla 5 reverse his judgments? 5 I replied, ‘I have come to know that he issued a judgment about the assets of man and woman when one of them died and the living heirs claim it as well as the heirs of the dead, or when she is divorced then the men claim it as well as women. It is about four cases. He (the Imam) asked, ‘What are they? 5 I replied, ‘The first is that he issued judgment by the words of Ibrahim al-Nakha‘iy. He (Ibrahim) would give the items that were especially for women to women and those for men to men and whatever was for both men and women, divide between them half-and-half. Then I came to know that he said, “Men are the owner of the house and women are additions on them. She is the plaintiff. All items belong to men except those especially for women which are for women. 55 He then issued a judgment that if I had not experienced it I would not mention. A woman from us died and left behind her husband and assets. I took the case before him. He then asked us to list the goods. When he read it, he then said to the husband, “This is for both man and woman so we give it to the woman, except the balance because it is of the assets of man and it is for you. 55 5 He (the Imam) asked, ‘What is his judgment now? 5 I replied, ‘He has reversed and now he says according to the words of Ibrahim al-Nakha‘iy that the house is for man. 5 I then asked him (the Imam) what he (the Imam) said in the case. He (the Imam) said, ‘It is the case that you experienced and that he then reversed. 5 1 then asked, ‘Do the items belong to the woman? 5 He (the Imam) said, ‘Consider, if she were to present proof; how much proof would she need? 5 1 replied, ‘She needed two witnesses. 5 He (the Imam) said, ‘Were you to ask from between the two mountains - we were in Makkah in those days - they tell you that the items and assets that are given as gifts publicly from the house of the woman to the house of her husband is what she has brought (belongs to her). He is the plaintiff and if he thinks that he has increased anything to it he must present testimony.
1. Ali ibn Ibrahim has narrated from his father and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from ibn Mahbub from ibn Ri’ab from abu Basir who has narrated the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the case of a man who has married four women in one marriage contract or that he said in one session with different amounts of mahr (dower) for each one. He (the Imam) said, ’It is permissible for them.’ I then asked, ‘What happens if he travels to a different town and divorces one of the four in the presence of witnesses from the people of that town who do not know the woman. He then marries a woman from that town after completion of ‘Iddah (waiting period) of the woman he has divorced. Then he dies after going to bed with the woman whom he has married last; how his legacy is distributed? He (the Imam) said, ‘If he has children the share of the woman whom he has married last is one-fourth of one-eighth. If the woman divorced is identified in person and lineage, she will not receive any share and she must complete ‘Iddah (waiting period).’ He (the Imam) said, ‘The other three women must distribute the remaining three-forths of one-eighth and they must complete their ‘Iddah (waiting period). If the divorced woman cannot be identified, the four women distribute the three-forths of one-eighth among themselves and they all must complete their ‘Iddah (waiting period).”’
1. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father all al-Hassan ibn Mahbub from Ali ibn Ri’ab from abu ‘ Ubaydah who has narrated the following: “I once asked abu Ja’far, ‘Alayhi al-Salam, about the case of a boy and a girl who are not mature and whose guardians arrange their marriage. He (the Imam) said, ‘Their marriage is permissible and whoever of the two becomes mature has the right to choose the marriage or not. If they die before maturity there is no inheritance between them and no mahr (dower) unless they become mature and approve the marriage.’ I then asked, ‘What happens if one of them becomes mature before the other?’ He (the Imam) said, ‘It is permissible for him if he approves.’ I then asked, ‘What happens if the man becomes mature before the girl and approves the marriage, then dies before she becomes mature; if she inherits. He (the Imam) said, ‘Yes, her share must be kept aside until she becomes mature and swears by Allah that the reason for her claiming inheritance is because of her approving the marriage, then it is given to her with one-half of mahr (dower).’ I then asked, ‘What happens if the girl dies before her maturity; if she inherits the husband who is mature.’ He (the Imam) said, ‘No, because she has the choice upon her maturity.’ I then asked, ‘What happens if her father is the reason for her marriage before her maturity?’ He (the Imam) said, ‘Such a marriage is permissible for her and for the boy but mahr (dower) is due on the father for the girl.’”
Sahih· 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.
