This is part 5 of 7 of “The Book of Inheritance”, book 29 of Al-Kafi — Hadith 13,193–13,242. 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.
4. It is narrated from the narrator of the previous Hadith from Musa ibn Bakr from ‘Abd Allah ibn ‘A’yan who has narrated the following: “I once said to abu Ja’far, Alayhi al-Salam, ‘I pray to Allah to keep my soul in service for your cause, if a Christian man dies and has a Muslim son, can he inherit from him?’ He (the Imam) said, ‘Yes, because Allah, most Majestic, most Glorious, through al-Islam has increased his honor, so we inherit from them but they cannot inherit from us.’”
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from al-Hassan ibn Salih who has narrated the following: “Abu ‘Abd Allah, Alayhi al-Salam, has said, ‘The Muslim bars a kafir (non-Muslim) and inherits from him, but a kafir cannot bar the believer and cannot inherit from him (believing person).”’
6. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ibn Mahbub from abu Wallad who has narrated the following: “I once heard abu ‘Abd Allah, Alayhi al-Salam, saying, ‘The Muslim inherits from his Dhimmiy (taxpayer) wife and she cannot inherit from him.’”
1. Ali ibn Ibrahim has narrated from his father Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and a number of our people have narrated from Sahl ibn Ziyad all from al-Hassan ibn Mahbub from Hisham ibn Salim from Malik ibn ’A‘yan, who has narrated the following: “I once asked abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a Christian man who has died. The son of his brother is a Muslim and a son of his sister is a Muslim. The Christian man has children and a Christian wife. He (the Imam) said, ’Two-thirds of his legacy must be given to the son of his brother. One-third must be given to the son of his sister if he does not have any children who are small. However, if he has small children, then the heirs must pay for the maintenance of the small children from the legacy their father has left behind until they become mature.’ It then was asked from him (the Imam), ‘How must the two spend?’ He (the Imam) said, ‘The one who has received two- thirds must pay two-thirds of the maintenance and the one who has received one-third must pay one- third of maintenance until they become mature at which time they can discontinue payment for them.’ It then was asked, ‘What happens if the children become Muslims when they are small?’ He (the Imam) said, ‘Whatever their father has left behind must be given to the Imam until they become mature. If they remain Muslims the Imam gives their legacy to them. However, if they did not remain Muslims when they become mature, the Imam gives the legacy to the son of his brother and the son of his sister who are Muslims. Two-thirds of what is left is given to the son of his brother and one-third of what is left to the son of his sister.’”
2. Ibn Mahbub has narrated 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 Muslim man who has died and his mother is a Christian. He has a wife and Muslim children. He (the Imam) said, ‘If his mother becomes a Muslim before the legacy is distributed, she receives one-sixth.’ I then asked, ‘What happens if he does not have a wife and children or an heir with ordained shares in the book and his mother is a Christian and has other Christian relatives of those who have ordained shares in the book had they been Muslims. Who receives his legacy?’ He (the Imam) said, ‘If his mother becomes a Muslim, all of his legacy belongs to her; but if she did not become a Muslim instead certain others from his relatives become Muslims of those who have ordained shares according to the book, his legacy belongs to him. If no one from his relatives becomes a Muslim then his legacy belongs to the Imam.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘ Umayr from ‘Abd Allah ibn Muskan who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If one becomes a Muslim before the legacy is distributed, he receives his share but if one becomes a Muslim after the legacy is distributed then there is nothing for him.’”
4. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Aban al-Ahmar from Muhammad ibn Muslim who has narrated the following: “One of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘If one becomes a Muslim before the legacy is distributed the legacy belongs to him. If one becomes a Muslim after the legacy is distributed there is no legacy for him. If one is set free before the legacy is distributed it belongs to him but if one is set free after the legacy is distributed then there is no legacy for him.’ About the case of a woman he (the Imam) said, ‘If she becomes a Muslim before the legacy is distributed she receives her share of the legacy.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad, a number of our people have narrated from Sahl ibn Ziyad, and Ali ibn Ibrahim has narrated from his father all from ibn Mahbub from ibn Ri’ab from abu Hamzah who has narrated the following: “Abu Ja’far, ‘Alayhi al-Salam, has said that Ali, ‘Alayhi al-Salam, once issued a judgment. It was in the case of those who became Muslims and the legacy of pagans, which was not distributed before his becoming a Muslim. It gave men and women their shares according to the book of Allah, most Majestic, most Glorious, and the Sunnah of His Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause.’”
2. Ali ibn Ibrahim has narrated from his father from ibn abu Najran from ‘Asem ibn Humayd from Muhammad ibn Qays who has narrated the following: “Abu Ja’far, ‘Alayhi al-Salam, has said that Ali, ‘Alayhi al-Salam, issued judgment. It was in the case of those who became Muslims and the pagans of the legacy of pagans, which was not distributed before his becoming a Muslim. It gave such men and women their shares according to the book of Allah, most Majestic, most Glorious, and the Sunnah of His Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause.’” (According to the two above those who become Muslims before the distribution of the legacy, they receive their shares according to the book and Sunnah). [Note: The next several passages of the Arabic text are the words of Yunus and al-Fadl and are not translated.]
1. Ahmad ibn Muhammad has narrated from Ali ibn al-Hassan al-Tamimiy from his brother Ahmad ibn al-Hassan from his father from Ja‘far ibn Muhammad from ibn Ribat in a marfu’ manner has said, the following: “’Amir al-Mu’minin, ‘Alayhi al-Salam, has said, ’If a Dhimmiy (taxpayer) becomes a Muslim when his father is living who has children besides him, then the father dies, the Muslim inherits all of his legacy and his other children and wife do not inherit anything with a Muslim.’”
2. Ali ibn Ibrahim has narrated from his father from ibn abu Najran from more than one person who has narrated the following: “About the case of a Jew and a Christian who dies and has Muslim children and non-Muslim children, he (the Imam) said, ’The laws of inheritance apply to them.’” (Only Muslims inherit).
1. Ali ibn Ibrahim has narrated from his father and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from all from ibn abu ‘Umayr from Hisham ibn Salim from Sulayman ibn Khalid who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’ Amir al-Mu’minin, about the case of a free man who dies leaving behind his mother who is owned by someone, has said that she is bought with money from the legacy of her son, then is set free and then she is made to inherit him.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn abu Najran from ‘Abd Allah ibn Sinan who has narrated the following: “About the case of a man who dies leaving behind a certain amount of assets and a mother who is owned by someone, I once heard abu ’Abd Allah, ‘Alayhi al-Salam, saying, ‘His mother is bought, then the rest of the legacy is given to her.”’
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Ali from ibn Bukayr from certain persons of our people who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘When a man dies leaving behind his father who is owned by someone or his mother who is owned by someone and the deceased is free, with his legacy, his father or relative is bought who then is made to inherit the remaining of the legacy.’”
4. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj 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 son who is owned by someone. He (the Imam) said, ‘His son is bought, set free and the rest of the legacy is given to him.’”
5. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from Safwan from ibn Muskan from Sulayman ibn Khalid who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that about the case of a free man who dies and leaves behind his mother who is owned by someone, Amir al-Mu’minin would say, ‘She is bought with the legacy of her son, then is set free and made to inherit her son.’”
6. Ali ibn Ibrahim has narrated from his father from Muhammad ibn Ja‘far from ‘Abd Allah ibn Talhah who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who dies leaving behind a large amount of assets, a mother and a sister who are owned by someone. He (the Imam) said, ‘They are bought with the assets of the deceased, set free and made to inherit him.’ I then asked, ‘What happens if the people of the slave-girl refuse?’ He (the Imam) said, ‘They cannot do so. They are appraised fairly, then their fairly appraised value is paid.’ I then asked, ‘What happens if they are bought, set free then made to inherit the deceased; if they die who will inherit them?’ He (the Imam) said, ‘The Mawali (relatives) of her son will inherit them because they were bought with the legacy of the son.’”
7. Ali ibn Ibrahim has narrated from his father from ibn Mahbub from ‘Abd Allah ibn Sinan who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has stated this about the judgment of ’ Amir al-Mu’minin. It is about the case of a man who dies leaving behind a mother, who is owned by someone and a certain amount of assets. He (the Imam) has said, ‘His mother must be bought with his legacy and the rest of the legacy must be given to her, if there are no other relatives who have ordained shares according to the book.’”
8. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from abu Thabit from Hanan ibn Sadir from ibn abu Ya’fur from Ishaq ibn ‘Ammar who has narrated the following: “Once, a Mawla (slave) of Ali, ‘Alayhi al-Salam, died. He said, ‘You must find out if there is anyone who inherits him.’ It was said that he has two daughters who are owned in Yamamah. He (the Imam) bought them from the assets of the deceased and gave to them the rest of the legacy.’” [Note: The next several passages of the Arabic text are the words of Fadl ibn Shadhan and are not translated.]
1. Al-Husayn from Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Afi af-Washsha’ from Jamif ibn Darraj and Muhammad ibn Humran who has narrated the foiiowing: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The free and slaves do not inherit each other.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Afi ibn Ibrahim has narrated from his father all from ibn abu Najran from Muhammad ibn Humran who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The free and slaves do not inherit each other.’”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Afi ibn af-Hakam from al-‘Ala’ ibn Razin from Muhammad ibn Muslim who has narrated the following: “One of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘The free and slaves do not inherit each other.’”
4. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah, from Ja‘far ibn Sama‘ah from al-Hassan ibn Hudhayfah from Jamil from al-Fudayf ibn Yasar who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘A slave does not inherit and a free person does not inherit from a slave.’” (It is because a slave does not own anything.)
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Mahbub from abu Ayyub from Mehzam who has narrated the following: “About the case of a slave who is a Muslim and has a Christian mother and a free son, it was asked what happens if the mother of the slave dies leaving a certain amount of assets, abu ‘Abd Allah, ‘Alayhi al-Salam, said, ‘Her free grandson inherits it.’”
1. A number of our people have narrated from Sahl ibn Ziyad from ibn Mahbub and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa and Ali ibn Ibrahim has narrated from his father from all ibn Mahbub from al-‘ Ala’ ibn Razin from Muhammad ibn Muslim Muhammad who has narrated the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the case of a man who had a mother who was owned by someone. When it was the time of his death a certain person of our people went and bought his mother. He set the condition that he buys her and sets her free; if after the death of her son so and so, son of so and so, when she will inherit his legacy, she must pay him one-half of what she will inherit. She must promise before Allah and the Messenger of Allah to fulfil this agreement. She agreed and promised before Allah and the Messenger of Allah to act according to the agreement. The man bought and freed her according to the condition and her son died thereafter. She inherited him because there was no other heir except her. Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘He has done a favor to her and has his rewards for it. He is a scholar of fiqh (Islamic laws) and Muslims stand by their conditions. She must complete the agreement about which she has promised before Allah and His messenger.”’
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from certain persons of his people who has narrated the following: “About the case of a man who made a contract with his slave and a condition that his legacy will be for him, which then was brought before ’Amir al-Mu’minin, ‘Alayhi al-Salam, who annulled his condition saying that the condition of Allah is before your (the master’s) condition.’”
1. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from Mansur ibn Hazim who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘A contracting slave inherits proportionate to the amount he has paid.’” (The above form of contracting is a contract between a slave and his master, which is an agreement that requires the slave to pay a certain amount to become free. Such contract can entail conditions and restrictions or is without restrictions). [Note: Other Ahadith of this chapter are not translated because of not being applicable in our time.]
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Aban ibn ‘Uthman from those whom he has mentioned who has narrated the following: “About the case of a man who dies as an apostate and has children, abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘His legacy belongs to his Muslim children.”’
2. A number of our people have narrated from Sahf ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from al-Hassan ibn Mahbub from abu Wallad al-Hannat who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who has turned away from Islam and about who inherits him. He (the Imam) said, ‘His legacy is distributed according to the book of Allah, most Majestic, most Glorious.’”
3. Ibn Mahbub has narrated from Sayf ibn ‘ Amirah from abu Bakr al-Hadramiy who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘When a man becomes an apostate (turns away from Islam), his wife becomes a stranger to him, like an irrevocably divorced woman. If he is killed or dies, before completion of ‘Iddah (waiting period), she inherits during her ‘Iddah. He does not inherit her if she dies when he turns away from Islam.’”
4. Ibn Mahbub has narrated from al-‘ Ala’ ibn Razin from Muhammad ibn Muslim who has narrated the following: “I once asked abu Ja’far, ‘Alayhi al-Salam, about an apostate (one who turns away from Islam). He (the Imam) said, ‘If one turns away from Islam and rejects what Allah has revealed to Muhammad, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, after his being a Muslim, his repentance has no effect. (After judicial due process) executing him is obligatory, his wife becomes stranger to him like an irrevocably divorced woman and his assets are distributed among his children.’”
1. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa ibn ‘Ubayd from [Yunus] from Hisham ibn Salim who has narrated the following: “Khattab al-A‘war asked abu Ibrahim, ‘Alayhi al-Salam, when I was sitting, ‘A man worked on hire with my father and we lost him. A certain amount from his wages was left with us and we did not know any of his heirs. He (the Imam) said, ‘You must search for him.’ He said, ‘We searched but did not find him.’ He (the Imam) said, ‘Destitute people’, making a hand gesture with his both hands. The man repeated his question. He (the Imam) said, ‘Search and try hard if you can find him, otherwise, it is like your other assets until someone comes asking for it; and if something happens to you, make a will about it to give it to the one who may come asking for it (remaining wages).”’
2. Yunus ibn Thabit and ibn ‘Awn has narrated from Mu‘awiyah ibn Wahab who has narrated the following: “This is about the case of a man who has a right on another man. However, he was lost and he did not know where to look for him, not knowing if he is dead or living. He does not know of anyone as his heir, or a town or lineage relation. He (the Imam) said, ‘He must search but if it becomes very long then he must give it in charity.’ He (the Imam) said, ‘You must search for him.’”
3. Yunus has narrated from Nasr ibn Habib Sahib al-Khan who has narrated the following: “I once wrote to the virtuous servant (of Allah) about two hundred and four dirham which remained with me. I own a hotel. The owner of dirham has died and I do not know any heirs for him. I need your opinion on this matter and what must I do about it; I am depressed thereby. He (the Imam) wrote and said, ‘You can work with it and give it as charity little by little until it is complete.’”
4. Yunus has narrated from al-Haytham abu Ruh Sahib al-Khan who has narrated the following: “I once wrote to the virtuous servant (of Allah) that I manage hotels. A man who stays in the hotel may die suddenly and I do not know his town and his heirs; and his assets remain with me. What must I do about it? He (the Imam) wrote back, ‘You must leave it in its condition.’”
5. Yunus has narrated from Ishaq ibn ‘Ammar who has narrated the following: “Abu al-Hassan, ‘Alayhi al-Salam, said to me, ‘The assets of a lost person must be kept for four years; then they are distributed.’”
6. A number of our people have narrated from Sahl ibn Ziyad from Ali ibn Mahziyar from who has narrated the following: “I once asked abu Ja’far, ‘Alayhi al-Salam, about the case of a house that belongs to a woman who had a son and a daughter. Her son disappeared in the ocean, the woman died and the daughter claimed that her mother had given the house to her and she sold certain parts of it. One portion was left next to the house of a man of our people, he did not like to buy it because of the disappearance of the son, and for fear that, it may not be lawful for him to buy it with no news from the son. He (the Imam) asked me, ‘For how long has he disappeared?’ I replied, ‘It is many years.’ He (the Imam) said, ‘One must wait for ten years, then buy it.’ I then asked, ‘Is it lawful to buy it after ten years?’ He (the Imam) said, ‘Yes, it is lawful.’”
7. Abu Ali al-Ash ‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from Ishaq ibn ‘Ammar who has narrated the following: “I once asked him (the Imam), ‘Alayhi al-Salam, about the case of a man who had several sons, of whom one disappeared and he did not know where he was. The man died. What must be done with the share of the legacy for the son who has disappeared? He (the Imam) said, ‘It must be kept aside until he comes? I then said, ‘The man is lost (the father died) he did not come? He (the Imam) said, ‘If the heirs are trusted for his asset, they can distribute among themselves; and when he comes then give it to him?” A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad ibn abu Nasr from Hammad from Ishaq ibn ‘Ammar from abu Ibrahim ‘Alayhi al-Salam, a similar Hadith.
8. Humayd ibn Ziyad from al-Hassan ibn Muhammad ibn Sama‘ah, from ibn Ribat and ‘Abd Allah ibn Jabalah from Ishaq ibn ‘Ammar who has narrated the following: “I once asked abu al-Hassan, al-Awwal, ‘Alayhi al-Salam, about the case of a man who has several sons, of whom one disappeared and he did not know where he was. The man died. What must be done with his share of legacy from his father? He (the Imam) said, ‘It must be kept aside until he comes? I then asked if there is Zakat on his assets. He (the Imam) said, ‘No, there is no Zakat until he comes? I then asked if he must pay Zakat when he comes. He (the Imam) said, ‘No, until one year passes with the asset in his possession? I then said, ‘The man is lost and he has not come back? He (the Imam) said, ‘If the heirs of the man can be trusted about his assets, they can distribute it among themselves and when he comes give it to him?”
9. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from ‘Uthman ibn ‘Isa from Sama‘ah, who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The heirs must keep the assets of one who is lost for the duration of four years’ searching. If he is not found, his assets are distributed among the heirs. If he has children, the assets must be withheld and the expenses of his children must be provided during the four years?”
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 Rib‘iy ibn ‘ Abd Allah who has narrated the following: “I once heard abu ’Abd Allah, ‘Alayhi al-Salam, saying about newborn, ‘If he moves, he inherits; perhaps he is speechless.”’
2. Ali has narrated from his father from Hammad ibn ‘Isa from Rib‘iy who has narrated the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘If a miscarried child falls off the womb of his mother and moves with clear movement, he inherits and is inherited; perhaps he is speechless so that he did not cry.’”
3. 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 ‘Umar ibn Yazid who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who dies leaving behind a woman who is pregnant. She gives birth after his death and the boy dies after falling on the ground. The female nurse saw and heard him crying when falling on the ground but then died. He (the Imam) said, ‘It is up to the Imam to apply her testimony for the one-fourth of the legacy of the boy.’” (The testimony of the nurse is one out of four needed)
4. Ibn Mahbub has narrated from ‘Abd Allah ibn Sinan who has narrated the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘The testimony of a female nurse about the crying of a newborn at the time of birth is effective for one-fourth of the legacy proportionate to the testimony of one woman.’ I then asked, ‘What happens if they are two women?’ He (the Imam) said, ‘It is effective for one-half of the legacy.’”
5. Humayd ibn Ziyad from al-Hassan ibn Muhammad ibn Sama‘ah from Muhammad ibn Ziyad from ‘Abd Allah ibn Sinan who has narrated the following: “About the case of inheritance of a newborn from a wergild, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘He cannot inherit from a wergild anything unless he cries at birth and his crying is heard.’”
6. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from ibn ‘Awn from certain persons of them who has narrated the following: “I once heard him (the Imam), ‘Alayhi al-Salam, saying, ‘A newborn does not inherit from a wergild anything unless he cries at the time of birth and his voice is heard.’”
1. Abu Ali a l-Ash ‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan all from Safwan from ibn Muskan from Dawud ibn Farqad who has narrated the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about the case of a newborn who has the reproductive organs of both male and female and about his inheritance. He (the Imam) said, ‘If urine comes from the male organ its inheritance is that which is for a male, and if urine comes from the female organ then her share is like the share of a female/”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Yahya from Talhah ibn Zayd who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’ Amir al-Mu’minin determined the share of a Hermaphrodite of inheritance by the manner the person urinated/” (If urine comes from the male organ his inheritance is that which is for a male and if urine comes from the female organ then her share is like the share of a female)/”
3. Ali ibn Ibrahim has narrated from his father and Muhammad ibn Yahya has narrated from ‘Abd Allah ibn Muhammad all from ibn abu ‘Umayr from Hisham ibn Salim who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a newborn who has the reproductive organs of both male and female. He (the Imam) said, ‘Such person inherits according to the reproductive organ from which urine comes first. If it comes from both at the same time then it is according to whichever sends with more pressure and if this is also equal then such person inherits the share of both male and female/”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from ibn Bukayr from certain persons of our people who have narrated the following: “About the case of a newborn who has the reproductive organs of both male and female, one of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘Such person inherits according to the case of the organ from which the urine comes. If he urinates from the male organ he inherits the share of a male person; if she urinates from the female organ she inherits the share of a female/ This is about a newborn who does not have an organ like male or female. However, has only a hole. One of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said that such person inherits like a male; if it (urine) comes with a dart but if it does not reach far away then that person inherits like a female/”
Mursal, like Muwaththaq· 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.
