Laws of Inheritance (Al-Faraa'id)

Bukhari :: Book 8 :: Volume 80 :: Hadith 720

Narrated Malik bin Aus:

'I went and entered upon 'Umar, his doorman, Yarfa came saying 'Uthman, 'Abdur-Rahman, Az-Zubair and Sa'd are asking your permission (to see you). May I admit them? 'Umar said, 'Yes.' So he admitted them Then he came again and said, 'May I admit 'Ali and 'Abbas?' He said, 'Yes.' 'Abbas said, 'O, chief of the believers! Judge between me and this man (Ali ). 'Umar said, 'I beseech you by Allah by Whose permission both the heaven and the earth exist, do you know that Allah's Apostle said, 'Our (the Apostles') property will not be inherited, and whatever we leave (after our death) is to be spent in charity?' And by that Allah's Apostle meant himself.' The group said, '(No doubt), he said so.' 'Umar then faced 'Ali and 'Abbas and said, 'Do you both know that Allah's Apostle said that?' They replied, '(No doubt), he said so.' 'Umar said, 'So let me talk to you about this matter. Allah favored His Apostle with something of this Fai' (i.e. booty won by the Muslims at war without fighting) which He did not give to anybody else;

Allah said:-- 'And what Allah gave to His Apostle ( Fai' Booty) .........to do all things....(59.6) And so that property was only for Allah's Apostle . Yet, by Allah, he neither gathered that property for himself nor withheld it from you, but he gave its income to you, and distributed it among you till there remained the present property out of which the Prophet used to spend the yearly maintenance for his family, and whatever used to remain, he used to spend it where Allah's property is spent (i.e. in charity etc.). Allah's Apostle followed that throughout his life.

Now I beseech you by Allah, do you know all that?' They said, 'Yes.' 'Umar then said to 'Ali and 'Abbas, 'I beseech you by Allah, do you know that?' Both of them said, 'Yes.' 'Umar added, 'And when the Prophet died, Abu Bakr said, ' I am the successor of Allah's Apostle, and took charge of that property and managed it in the same way as Allah's Apostle did.

Then I took charge of this property for two years during which I managed it as Allah's Apostle and Abu Bakr did. Then you both ('Ali and 'Abbas) came to talk to me, bearing the same claim and presenting the same case. (O 'Abbas!) You came to me asking for your share from the property of your nephew, and this man (Ali) came to me, asking for the share of h is wife from the property of her father. I said, 'If you both wish, I will give that to you on that condition (i.e. that you would follow the way of the Prophet and Abu Bakr and as I (Umar) have done in man aging it).' Now both of you seek of me a verdict other than that? Lo! By Allah, by Whose permission both the heaven and the earth exist, I will not give any verdict other than that till the Hour is established. If you are unable to manage it, then return it to me, and I will be sufficient to manage it on your behalf.' "