Abu Dawud

Shares Of Inheritence

Book Number: 012 / Hadith Number: 2911

Narated By 'Umar ibn al-Khattab : Amr ibn Shu'ayb reported: Rabab ibn Hudhayfah married a woman and three sons were born to him from her. Their mother then died. They inherited her houses and had the right of inheritance of her freed slaves.

Amr ibn al-'As was the agnate of her sons. He sent them to Syria where they died. Amr ibn al-'As then came. A freed slave of hers died and left some property. Her brothers disputed with him and brought the case to Umar ibn al-Khattab.

'Umar reported the Apostle of Allah (pbuh) as saying: Whatever property a son or a father receives as an heir will go to his agnates, whoever they may be. He then wrote a document for him, witnessed by Abdur Rahman ibn Awf, Zayd ibn Thabit and one other person. When Abdul Malik became caliph, they presented the case to Hisham ibn Isma'il or Isma'il ibn Hisham (the narrator is doubtful).

He sent them to Abdul Malik who said: This is the decision which I have already seen.

The narrator said: So he (Abdul Malik) made the decision on the basis of the document of Umar ibn al-Khattab, and that is still with us today.