With the Hadith
The heir of one who has no heir
We greet you, our dear listeners, everywhere in another Prophetic hadith from your program With the Hadith, and we begin with the best greeting: Peace, mercy, and blessings of God be upon you.
Abu Dawood narrated in his Sunan, saying:
Hafs bin Omar narrated to us, he said: Shu`bah narrated to us from Budail from Ali bin Abi Talhah from Rashid bin Saad from Abi Amer Al-Hawzani Abdullah bin Luhay from Al-Miqdam, he said:
The Messenger of God, may God bless him and grant him peace, said: "Whoever leaves behind dependents, then they are my responsibility," and he may have said: "They are God's and His Messenger's responsibility. And whoever leaves behind wealth, it is for his heirs, and I am the heir of one who has no heir. I pay on his behalf for his heir, and the maternal uncle is the heir of one who has no heir. He pays on his behalf and inherits from him."
The author of Awn al-Ma'bood said:
(Whoever leaves behind dependents): with a fatha on the kaf and a shadda on the lam, meaning a burden, and it includes debt and family,
and the meaning is that if he leaves children, then I am their refuge and I am their guarantor, and if he leaves a debt, then it is up to me to pay it
(I pay on his behalf): that is, I pay on his behalf what is required of him because of the crimes that the aaqila bears
(his heir): that is, one who has no heir.
Al-Qadi, may God have mercy on him, said: He means by it the disbursement of his money to the treasury of the Muslims, for it belongs to God and His Messenger.
(And the maternal uncle is the heir of one who has no heir): In it is evidence for those who say that relatives by blood are entitled to inheritance
(He pays on his behalf): that is, if his sister's son commits a crime and he has no asabah, the maternal uncle pays the diya on his behalf like the asabah (and inherits from him): that is, the maternal uncle inherits from him
Dear listeners:
Inheritance is one of the reasons for owning money, so the heirs own what their predecessor left behind of money, which they divide according to the shares specified by the true Sharia.
The Sharia has clarified the share of each of the obligatory heirs, as it has clarified how to distribute what remains of the money to the asabah if the inherited money exceeds the shares of the obligatory heirs.
Inheritance is a right of the heir in the money of the deceased, and nothing prevents him from it except a legitimate obstacle.
It is a practical way to break up wealth and prevent it from being confined to a few hands that circulate it and deprive the rest of the members of society from it. By distributing the inheritance to the heirs, the money that the individual collected in his life is distributed among all his heirs and does not remain in the hand of one of them and deprive the rest from it. Thus, a broad segment of society circulates it and prevents the division of society into classes: the owning and the deprived.
Islam is the best at organizing society and preventing its corruption by any means of corruption
Just as Islam has legislated inheritance, it has prevented the heir from this right in two cases:
First: Difference in religion
Al-Nisa'i narrated in his Sunan al-Kubra from Usama bin Zaid, who said: I heard the Messenger of God, may God bless him and grant him peace, say: "The disbeliever does not inherit from the Muslim, and the Muslim does not inherit from the disbeliever."
It was mentioned in Musannaf Ibn Abi Shaybah: From Usama bin Zaid, who said: The Messenger of God, may God bless him and grant him peace, said: "Two different religions do not inherit from each other."
Second: The heir's killing of the predecessor
Al-Tirmidhi narrated from Abu Hurairah from the Prophet, may God bless him and grant him peace, who said: "The killer does not inherit."
As for other than these two cases, no one has the right to prevent an heir from obtaining his right that the Sharia has given him, whoever that person is. Neither the owner of the money, nor the heirs, nor the ruler has the right to prevent an heir from his right. If he does so, he has committed a great sin.
It is mentioned in Sahih al-Bukhari from Saad bin Abi Waqqas, may God be pleased with him, who said:
"The Prophet, may God bless him and grant him peace, came to visit me while I was in Mecca, and he hated to die in the land from which he had emigrated. He said: May God have mercy on Ibn Afraa. I said: O Messenger of God, should I bequeath all my wealth? He said: No. I said: Half? He said: No. I said: A third? He said: A third, and a third is a lot. It is better for you to leave your heirs rich than to leave them dependent, begging from people in their hands. And whatever you spend, it is charity, even the morsel that you raise to your wife's mouth. And perhaps God will raise you up, and people will benefit from you and others will be harmed by you, and he had no one at that time except a daughter."
Saad here wanted to bequeath all his money, even though he had only one daughter, so the Messenger, may God bless him and grant him peace, forbade him from doing so because of the injustice in this will to his daughter, who would not have any money left to inherit if he bequeathed all his money or even half of it, until he allowed the bequest of a third of the money, making it the highest percentage that could be bequeathed.... So where are those who deprive their daughters of taking their right in their fathers' inheritance! Let them ponder these noble hadiths to know that what a woman takes from inheritance is a right for her and a legitimate ownership granted to her by the Sharia and not a favor from her brothers or from her family that they give her if they want and prevent her from it if they want. No, that is not the case, for here is the Messenger explaining when the heir is deprived of his inheritance, and the fact that the female is married or may marry a man foreign to the family is not a reason to prevent her from obtaining her right from the inheritance of her parents or from whom she has a right to inherit.
Dear listeners:
God's rulings were only revealed to His Prophet to be put into practice, so that Muslims would benefit from them, but this benefit is now non-existent and many Muslims are deprived of it, with the absence of the state of Islam that puts God's rulings into practice. O Muslim woman, you have a pressing interest in restoring God's rule, because you are the most affected by its suspension. The absence of Islam has deprived you of many of your financial rights that the Lord of the Worlds has legislated for you......and if the Caliphate state existed, you would have enjoyed them and would not have suffered humiliation and degradation in order to obtain them.
And you are, moreover, addressed to work to resume Islamic life.... Thus, you have two interests in this path:
A spiritual interest: which is answering God's command to work to implement His Sharia.
And a material interest: which is achieving financial and worldly interests that the Sharia gave you and the corrupt and unjust society deprived you of.
So it is worthy of you to join the caravan of good that is working to resume Islamic life and restore the Caliphate state to restore your stolen rights and satisfy the one who granted you these rights.
Dear listeners, until we meet you with another Prophetic hadith, we leave you in God's care, and peace, mercy, and blessings of God be upon you.
