reclaim it, that is established for the recipient and becomes binding, and the rest of the heirs do not have the right of retraction. This is what was explicitly stated by Ahmad in the narration of Muhammad ibn al-Hakam and al-Maymuni, and it is the choice of al-Khallal and his companion Abu Bakr. This is also the view of Malik, al-Shafi'i, the Ahl al-Ra'y (the Rationalists), and the majority of scholars. There is another narration [from Ahmad] (2) that the rest of the heirs have the right to retract what he gifted. This was chosen by Ibn Battah and Abu Hafs al-'Ukbari. It is the view of 'Urwah ibn al-Zubayr and Ishaq. Ahmad said: 'Urwah narrated the three hadiths: the hadith of 'Aishah, the hadith of 'Umar, and the hadith of 'Uthman (3), yet he abandoned them and followed the hadith of the Prophet (peace and blessings of Allah be upon him): "He retracts it in the man's lifetime and after his death" (4). This is the view of Ishaq, except that he said: If the man dies, it is inheritance among them, and it is not permissible for anyone to benefit from what was given to the exclusion of his brothers and sisters; because the Prophet (peace and blessings of Allah be upon him) named this injustice (jawr) by saying: "Do not ask me to bear witness to an injustice." Injustice is forbidden; it is not lawful for the perpetrator to perform it, nor for the recipient to receive it. Death does not alter its status as a forbidden injustice, so it must be returned. Furthermore, Abu Bakr and 'Umar ordered Qays ibn Sa'd to return the division of his father when a child was born to him; he had not known about it, nor had he given him anything, and this was after the death of Sa'd. Sa'id (5) narrated with his chain of transmission, by two paths, that Sa'd ibn 'Ubadah divided his wealth among his children and went out to the Levant, where he died. Then, a child was born after that. Abu Bakr and 'Umar (may Allah be pleased with them) walked to Qays ibn Sa'd and said: "Sa'd divided his wealth and did not know what would happen, and we think you should return this division." Qays said: "I would not change anything that Sa'd did, but my share is for him." This is the meaning of the report. The basis for the first opinion is the saying of Abu Bakr (may Allah be pleased with him) to 'Aishah when he bestowed upon her a gift (nahl): "I wish you had taken possession of it" (6). This indicates that if
(2) Omitted from: the original. (3) The hadith of 'Aishah preceded on page 263, the hadith of 'Umar preceded on page 262, and the hadith of 'Uthman preceded on page 254. (4) Meaning: he interpreted the meaning of the hadith of the Prophet (peace and blessings of Allah be upon him) as applying both in the man's lifetime and after his death. (5) In: "Chapter on whoever severs an inheritance that Allah has obligated." Al-Sunan 1/97. (6) Preceded on page 206.