SECTION ON INHERITANCE SHARES · 8 – THE RIGHT OF DHAWU’L-ARḤĀM IN INHERITANCE
2899 – It is narrated from Miqdām (may Allah be pleased with him):
The Messenger of God (peace and blessings be upon him) said: “Whoever leaves a burden (a family in need of care or a debt), that burden is upon me.”
Sometimes the Prophet (peace and blessings be upon him) also said: “That burden is upon Allah and His Messenger.” Whoever leaves wealth, it belongs to his heirs. I am the heir of those who have no heirs. I pay their blood money for accidental killing (diyah for criminal acts). And I inherit from them. The maternal uncle is the heir of those who have no heirs. He pays the blood money for his nephew and inherits from him. [601]
EXPLANATION
The property of those who have no heirs goes to the Bayt al-Māl (public treasury). The Messenger of God (peace and blessings be upon him), due to his authority over the Bayt al-Māl, said: “I am the heir of those who have no heirs.” Whoever receives the inheritance of a deceased person is also responsible for paying his ‘āqilah (the blood money for accidental killing). The maternal uncle is among the dhawu’l-arḥām (relatives through the mother’s side). While there are fixed-share heirs, he cannot inherit. Where they are absent, he becomes an heir. He also pays debts such as the blood money of his nephew.
2900 – It is narrated from Miqdām al-Kindī (may Allah be pleased with him):
The Messenger of God (peace and blessings be upon him) said:
“I am closer to every believer than he is to himself. Whoever leaves a debt or children, it is upon me to pay his debts and care for his children. Whoever leaves wealth, it belongs to his heirs. I am the walī (guardian) of those who have no walī. (I am the heir of those who have no heirs.) I inherit his property. I ransom his captive and provide for him. The maternal uncle is the mawlā (patron) of those who have no mawlā. He inherits the property of his nephew. He ransoms his captive. (He pays debts such as the blood money that are due upon him.)”
Abū Dāwūd said: Zay‘ means: ‘iyāl’ (a large number of children).
2901 – It is narrated from Ṣāliḥ ibn Yaḥyā ibn Miqdām, from his grandfather, who said: I heard the Messenger of God (peace and blessings be upon him) say:
“I am the heir of those who have no heirs. I ransom his captive. I inherit his property. The maternal uncle is also the heir of those who have no heirs. He ransoms his captive. He inherits his property.”
EXPLANATION
This and the previous noble hadith are evidence that dhawu’l-arḥām such as the maternal uncle can be heirs. This is also the view of Abū Ḥanīfa and Aḥmad ibn Ḥanbal. The phrase in these hadiths, “I ransom his captive,” means that if one of his relatives is taken captive, he pays his ransom (fidya al-najāt).
2902 – It is narrated from ʿĀʾisha (may Allah be pleased with her):
One of the freed slaves of the Messenger of God (peace and blessings be upon him) died, leaving behind some property. He had no children or close relatives left. The Messenger of God (peace and blessings be upon him) said:
“Give his inheritance to someone from his own village.”
Abū Dāwūd said: Sufyān’s narration is more complete.
Musaddad said: The Messenger of God (peace and blessings be upon him) said: “Is there anyone here from his homeland?”
The Companions (ṣaḥāba) said: “Yes.”
The Messenger of God (peace and blessings be upon him) said: “Give his inheritance to his fellow townsmen.” [602]
EXPLANATION
The inheritance of a person who has no heirs goes to the treasury. Since the treasury is spent on the needs of the Muslims, the property of one who has no relatives goes to the treasury. The Messenger of God (peace and blessings be upon him) ordered that the property of a person with no heirs be given as charity to someone from his own village.
2903 – It is narrated from the father of ʿAbdullah ibn Buraydah, Buraydah (may Allah be pleased with him):
A man came to the Messenger of God (peace and blessings be upon him) and said: “I have the inheritance of a man from the tribe of Azd with me, but I cannot find any man from Azd to give it to.”
The Messenger of God (peace and blessings be upon him) said: “Go and search for a man from Azd for a year.”
Buraydah said: After a year, the man came to the Messenger of God (peace and blessings be upon him) and said: “O Messenger of God, I could not find anyone from Azd to give it to.”
The Messenger of God (peace and blessings be upon him) said: “Go and give it to the first man from Khuzāʿah you come across.” When the man turned back, the Prophet said: “Call the man to me.” When the man came to the Messenger of God (peace and blessings be upon him), he said: “Look for the eldest among the Khuzāʿah tribe and give this property to him.”
EXPLANATION
Azd: A tribe in Yemen, which is the origin of the Khuzāʿah tribe and the Anṣār. When no one from Azd was found, it was ordered that the property of the Azdī be given to someone from Khuzāʿah, a branch of the Azd tribe. It was also commanded to look for the eldest and closest to the ancestors among Khuzāʿah. The inheritance of one who has no relatives goes to the Bayt al-Māl. The Messenger of God (peace and blessings be upon him) ordered that, due to the absence of an heir, the property be given to a fellow townsman.
2904 – It is narrated from Ibn Buraydah, from his father, who said:
A man from the Khuzāʿah tribe died. His inheritance was brought to the Messenger of God (peace and blessings be upon him). The Messenger of God (peace and blessings be upon him) said:
“Seek his heir or his dhawu’l-arḥām (maternal relatives).”
They could not find an heir or anyone from his dhawu’l-arḥām. The Messenger of God (peace and blessings be upon him) said: “Give that inheritance to the eldest among Khuzāʿah.”
Yaḥyā said: On one occasion, I heard Shurayk narrate this hadith as: “Look for the eldest among Khuzāʿah.”
2905 – It is narrated from Ibn ʿAbbās (may Allah be pleased with him):
A man died, leaving no heir except for a slave he had freed.
The Messenger of God (peace and blessings be upon him) asked: “Does he have anyone?”
The Companions (ṣaḥāba) said: “No, he has no one except the freed slave.”
Thereupon, the Messenger of God (peace and blessings be upon him) gave the inheritance of that man to his freedman. [603]