Page:Selections from Muhammadan Traditions - tr. William Goldsack (1923).djvu/181

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THE BOOK OF BUYING AND SELLING
161

It is related from ʿÁyesha that, 'A freedman of the Apostle died and left some property, but left no relations or child. Then the Apostle of God said, "Give his inheritance to a man of the people of the village."'—Abú Dáud, At Tirmidhí.

It is related from ʿAlí that he said, 'Ye read this verse (of the Qurʾán), "After the legacies which ye bequeath and the debts," but, verily the Apostle of God ordered the (payment) of debts before the (distribution) of the legacies; and he ordered that the sons of the same mother should inherit from one another, but not if they be by different mothers; and that a man should inherit from his brother born of his own father and mother, but not from his brother by his father only.'—At Tirmidhí, Ibn Májah.

It is related from Jábir that he said, 'The wife of Saʿd binuʾl-Rábi, came to the Apostle of God with her two daughters by Saʿd binuʾl-Rábiʿ and said, "O Apostle of God, these two are daughters of Saʿd binuʾl-Rábiʿ. Their father was killed as a martyr (when fighting) together with thee on the day of (the battle of) ʿUhud. And verily their uncle has taken their property, and left no property for them; and they cannot marry unless they obtain their property." He replied, "God will adjudicate on that matter." Then came down the verse of inheritance. So the Apostle of God sent to their uncle and said, "Give to the daughters of Saʿd two-thirds, and to their mother one-eighth; and what remains over is for thyself."'—Aḥmad, At Tirmidhí, Abú Dáud, Ibn Májah.

It is related from Huzail bin Shuraḥbíl that he said, 'Abú Músá was asked concerning (the inheritance of) a daughter, a son's daughter and a sister. He replied, "One half is for the daughter and one half for the sister; but go to Ibn Maʿsúd, and he will corroborate me." Then Ibn Maʿsúd was asked, and was informed of the words of Abú Músá. He replied, "Then (if I corroborate) I shall go astray, and shall not be of those who are guided aright. I shall pass judgement in the matter as the Prophet passed judgement. For the daughter is one-half, and for the son's daughter one-sixth to complete a full two-thirds, and what remains is for the sister." Then Abú Músá came to us and informed us of the words of Ibn Maʿsúd and said, "Do not ask me so long as this wise man remains amongst you."'—Al Bukhárí.