SECTION ON INHERITANCE · 16 – THE INHERITANCE BY CONTRACT HAS BEEN ABROGATED BY THE INHERITANCE OF DHŪ AL-ARḤĀM
2921 – It is narrated from Ibn ʿAbbās (may Allah be pleased with him) that he said: “Give those whom your oaths have bound their shares,” (Qur’an, Sūrat al-Nisāʾ, 33) when this verse was revealed, a man would make an oath (contract) with another man with whom he had no blood relation, and one of them would inherit from the other. This was abrogated by the verse in Sūrat al-Anfāl, verse 75: “But kindred by blood are nearer to one another in the Book of Allah. Indeed, Allah is Knowing of all things.”
EXPLANATION
In the Age of Ignorance and in the early days of Islam, two people with no blood relation would make an oath and agreement with each other, and one would inherit from the other. In the early days of Islam, the verse 33 of Sūrat al-Nisāʾ was revealed, indicating that this agreement was valid and that their shares should be given to them. Later, this ruling was abrogated by verse 75 of Sūrat al-Anfāl, which stated that the dhū al-arḥām (relatives through the womb) have a greater right to inheritance.
2922 – It is narrated from Ibn ʿAbbās (may Allah be pleased with him): Regarding the verse, “Give those whom your oaths have bound their shares,” he said: When the Muhājirūn came to Madinah, due to the Messenger of God (peace and blessings be upon him) establishing brotherhood among them, they would inherit from the Anṣār before their own relatives. When the following verse was revealed: “For each (male and female), We have appointed heirs to what is left by parents and relatives,” (Qur’an, Sūrat al-Nisāʾ, 33), the ruling indicated by the same verse, “Give those whom your oaths have bound their shares,” was abrogated by implication, but the ruling to help them, give advice, and cooperate remained. You may also make a bequest to your (Muhājir) brothers. (Thus) the ruling of inheriting by means of brotherhood was abolished. [614]
2923 – It is narrated from Dāwūd ibn Ḥuṣayn (may Allah be pleased with him) that he said: I was reciting the Qur’an to Umm Saʿd, the daughter of Rabīʿ, who was an orphan under the protection of Abū Bakr. I recited the verse, “Give those whom your oaths have bound their shares.” Umm Saʿd said: Do not recite this verse as “ākadat.” For this noble verse was revealed concerning Abū Bakr and his son ʿAbd al-Raḥmān when ʿAbd al-Raḥmān refused to accept iman (faith). Abū Bakr had sworn that he would not leave him any inheritance. When ʿAbd al-Raḥmān accepted Islam, Allah the Exalted commanded His Prophet to give ʿAbd al-Raḥmān his share. In the narration of ʿAbd al-ʿAzīz, there is this addition: “ʿAbd al-Raḥmān did not become Muslim until he was forced to accept Islam by the sword.” Abū Dāwūd said: Whoever recites this verse as (ākadat) makes the contract a unilateral oath. Whoever recites it as (ʿāqadat) makes the contract a mutual oath. The correct form is as narrated by Ṭalḥa: ʿāqadat.
EXPLANATION
The meaning of Abū Bakr’s son ʿAbd al-Raḥmān not accepting iman (faith) until he was forced by the sword is this: He did not accept iman until Islam had gained strength and drawn the sword against its enemies, that is, until Islam had become powerful.
2924 – It is narrated from Ibn ʿAbbās (may Allah be pleased with him): (Those who believed and emigrated, and those who believed but did not emigrate) – a Bedouin Arab (from among the close relatives) could not inherit from a Muhājir, nor could a Muhājir inherit from him. (However) the verse, “But kindred by blood are nearer to one another,” abrogated this, he said.
EXPLANATION
When verse 72 of Sūrat al-Anfāl was revealed, those who had emigrated could inherit from each other. Even if they believed, the Muhājirūn and the Bedouins could not inherit from each other. Then, the verse 75 of Sūrat al-Anfāl was revealed: “But kindred by blood are nearer to one another in the Book of Allah. Indeed, Allah is Knowing of all things,” and thus a Muhājir could inherit from a Bedouin Muslim, and a Muslim could inherit from a Muhājir. The previous prohibition was lifted.