In the name of Allah, the Most Gracious, the Most Merciful.

Book of Inheritance (Al-Fara'id)

Abu Dawud related, with his chain of transmission, from Abdullah ibn Amr ibn al-As, that the Messenger of Allah (peace and blessings of Allah be upon him) said: "Knowledge is of three types, and anything beyond that is supplementary: a decisive verse, an established Sunnah, or a just inheritance (faridah)." (1) From Abu Hurayrah, that the Prophet (peace and blessings of Allah be upon him) said: "Learn the laws of inheritance and teach them, for they are half of knowledge, and they are forgotten, and they are the first thing to be snatched away from my Ummah." Reported by Ibn Majah (2). It is also reported from Abdullah that the Prophet (peace and blessings of Allah be upon him) said: "Learn the laws of inheritance and teach them to the people, for I am a man who will be taken (will pass away), and knowledge will surely be taken away, until two men will differ over an inheritance and will find no one who can resolve the matter between them." (3) Sa'id (4) reported from Jarir ibn Abd al-Hamid, from al-A'mash, from Ibrahim, who said: Umar [ibn al-Khattab, may Allah be pleased with him] (5) said: "Learn the laws of inheritance; for they are part of your religion." And from Jarir, from Asim al-Ahwal, from Murriq.

994 - Issue; Abu al-Qasim, may Allah have mercy on him, said: (A brother or a sister from both father and mother, or from the father, does not inherit alongside a son, nor alongside a son's son, however low the descent, nor alongside a father.)

The scholars are in consensus on this, praise be to Allah, and this was mentioned by Ibn al-Mundhir and others. The source for this is the saying of Allah, the Almighty: "They ask you for a legal ruling. Say, 'Allah gives you a ruling concerning the one who leaves neither descendants nor ascendants as heirs (kalalah). If a man dies, leaving no child, but he has a sister, she shall have half of what he left, and he inherits from her if she has no child'" (1), the verse. The intended meaning of this is brothers and sisters of the same parents, or from the father, without any disagreement among the scholars; and because He said: "And he inherits from her if she has no child." This is the ruling of the 'asabah (agnatic heirs), so the verse implies that they do not inherit alongside a child or a parent, because the kalalah is one who has no child and no parent. Excluded from this are the daughters and the mother;