Category: Abi Dawud

Narrated Ibn ‘Umar: ‘Aishah, mother of believers (ra), intended to buy a slave-girl to set her free. Her people said: We shall sell her to you on one condition that we shall inherit from her. ‘Aishah mentioned it to the Messenger of Allah (ﷺ). He said: That should not prevent you, for the right of inheritance belongs to the one who has set a person free.

Narrated Al-Miqdam al-Kindi: The Prophet (ﷺ) said: I am nearer to every believer than himself, so if anyone leaves a debt or a helpless family, I shall be responsible, but if anyone leaves property, it goes to his heirs. I am patron of him who has none, inheriting his property and freeing him from his liabilities. A maternal uncle is patron of him who has none, inheriting his property and freeing him from his liabilities. Abu Dawud said: da’iah means dependants or helpless family. Abu Dawud said: This tradition has been transmitted by al-Zubaidi from Rashid b. Sa’d from Ibn ‘A’idh on the authority of al-Miqdam. It has also been transmitted by Mu’awiyah b. Salih from Rashid who said: I heard al-Miqdam (say).

Narrated ‘Aishah: The Messenger of Allah (ﷺ) as saying: The right of inheritance belongs to only to the one who paid the price (of the slave) and patronised him by doing an act of gratitude.

Narrated Al-Miqdam: I heard the Messenger of Allah (ﷺ) say: I am the heirs of Him who has none, freeing him from his liabilities, and inheriting what he possesses. A maternal uncle is the heir of Him who has none, freeing him from his liabilities, and inheriting his property.

Narrated ‘Amr b. Suh’aib: On his father’s authority, said that his grandfather reported: Rabab ibn Hudhayfah married a woman and three sons were born to him from her. Their mother then died. They inherited her houses and had the right of inheritance of her freed slaves. Amr ibn al-‘As was the agnate of her sons. He sent them to Syria where they died. Amr ibn al-‘As then came. A freed slave of hers died and left some property. Her brothers disputed with him and brought the case to Umar ibn al-Khattab. Umar reported the Messenger of Allah (ﷺ) as saying: Whatever property a son or a father receives as an heir will go to his agnates, whoever they may be. He then wrote a document for him, witnessed by AbdurRahman ibn Awf, Zayd ibn Thabit and one other person. When AbdulMalik became caliph, they presented the case to Hisham ibn Isma’il or Isma’il ibn Hisham (the narrator is doubtful). He sent them to ‘Abd al-Malik who said: This is the decision which I have already seen. The narrator said: So he (‘Abd al-Malik) made the decision on the basis of the document of Umar ibn al-Khattab, and that is still with us till this moment.

Narrated Aisha, Ummul Mu’minin: A client of the Prophet (ﷺ) died and left some property, but he left no child or relative. The Messenger of Allah (ﷺ) said: Give what he has left to a man belonging to his village. Abu Dawud said: The tradition of Sufyan is more perfect. Musaddad said: Thereupon the Prophet (ﷺ) said: Is there anyone belonging to his land ? They replied: Yes. He said: Then give him what he has left.

Narrated Tamim ad-Dari: Tamim asked: Messenger of Allah), what is the sunnah about a man who accepts Islam by advice and persuasion of a Muslim? He replied: He is the nearest to him in life and in death.

Narrated Buraydah ibn al-Hasib: A man came to the Messenger of Allah (ﷺ) and said: I have property left by a man of Azd. I do not find any man of Azd to give it to him. He said: Go and look for man of Azd for a year. He then came to him after one year and said: Messenger of Allah, I did not find any man of Azd to give it to him. He said: Look for a man of Khuza’ah whom you meet first and give it to him. When he turned away, he said; Call the man to me. When he came to him, he said: Look for the leading man of Khuza’ah and give it to him.

Narrated Ibn ‘Umar: The Messenger of Allah (ﷺ) forbade selling or giving away the right to inheritance by a manumitted slave.

Narrated Buraydah ibn al-Hasib: A man of Khuza’ah died and his estate was brought to the Prophet (ﷺ). He said: Look for his heir or some relative. But they found neither heir nor relative. The Messenger of Allah (ﷺ) said: Give it to the leading man of Khuza’ah. The narrator Yahya said: Sometimes I heard him (al-Husayn ibn Aswad) say in this tradition: Look for the greatest man of Khuza’ah.