33.

Book of Inheritance

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كِتَابُ الْفَرَائِضِ

It is narrated on the authority of Abu Mulayh that Hadrat 'Uthman (may Allah be pleased with him) was asked about this situation, so you said: "A woman has a quarter of the property, and the mother has a third of the remaining property, and besides this, the rest of the property belongs to the father."

It is narrated on the authority of Sa'eed ibn al-Musayyab that when Zayd ibn Thabit (may Allah be pleased with him) was asked about the shares of the wife and parents, he ruled that the wife should be given one-fourth, the mother one-third of the remaining estate, and the rest should be given to the father.

According to a tradition, when Hazrat Ali (R.A.) was asked about the shares of the wife and parents, he said that one-fourth is for the wife and one-third of the remaining is for the mother.

Ibrahim narrates, "It was asked about a wife and parents' share of inheritance from Hazrat Abdullah (may Allah be pleased with him). You said, 'Hazrat Umar (may Allah be pleased with him) used to tread a path, and we found it smooth when we walked on it.' And the matter of the share of a wife and parents was brought before him, so he divided the wealth into four parts. He gave one-fourth to the wife, one-third of the remaining wealth to the mother, and the rest of the wealth to the father."

The same is narrated from Hazrat Umar (R.A.) with another chain.

It is narrated from Hazrat Ali (R.A) that in the case of inheritance where there is a wife and parents, the wife's share is one-fourth and the mother's share is one-third of the remaining property, and the rest belongs to the father.

Hazrat Abdullah narrated this issue from Hazrat Umar (R.A) too, however, he added that he was asked about the case when the deceased's heirs include the wife and the parents.

Hazrat Abdullah (R.A) narrates that whenever Hazrat Umar (R.A) used to give a verdict and we used to act upon it, we would find ease in it. For instance, he was asked about a wife and parents (in inheritance), so he said: "For the wife, a quarter, and for the mother, a third of the remaining wealth, and whatever is left is for the father."

Ibrahim narrates that Hazrat Ibn Abbas (R.A) disagreed with the majority of scholars on the issue of inheritance of wife, parents and husband. He said that the mother is entitled to one-third of the entire property.

Ayyub narrates that Muhammad bin Sirin (may Allah be pleased with him) said, "What prevents people from solving this issue by dividing it by the number 12, and giving the wife three parts, the mother four parts, and the father five parts?"

Musaib bin Rafi narrates that Hazrat Abdullah (R.A) said that Allah Almighty will not see me preferring mother over father.

Hazrat Abdullah narrates that whenever Hazrat Umar (may Allah be pleased with him) would form an opinion and we would follow it, we would find it to be easy. For instance, when he was asked about the issue of inheritance for a wife and parents, he gave one-fourth to the wife and one-third of the remaining property to the mother, and ordered the rest of the property to be given to the father.

Hajjaj narrates from Muhammad bin Hanafiyyah through a Sheikh that in the presence of a wife and parents as heirs, the wife will be given one-fourth and the mother will be given one-third of the remaining estate. Abu Bakr states that it will be out of four parts, one part will be for the wife, meaning one-fourth, and for the mother one-third of the remaining estate, which will also be one part, and for the father will be two parts.