ShamelaTranslate
Search
Sign in
ShamelaTranslate

© 2026 ShamelaTranslate. Scholarly Open-Access Project.

AboutContactDonateImprintPrivacyTermsRight of WithdrawalCancel a subscription
Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 8 · Page 395

Translation · EN

the heirs were excluded from it by the statement of the Prophet, peace and blessings of Allah be upon him: "There is no bequest for an heir." The rest of the relatives remained [entitled to] the bequest. The least of this is recommendation, for Allah the Exalted has said: "And give the relative his right" (Surah al-Isra: 26). He also said: "And gives the wealth, in spite of love for it, to relatives" (Surah al-Baqarah: 177), and He began with them. This is because charity given to them during one's lifetime is more excellent; thus, it is likewise after death. If one bequeaths to others and neglects them, the bequest is valid according to the statement of the majority of scholars, among them being: Salim, Sulayman ibn Yasar, 'Ata', Malik, al-Thawri, al-Awza'i, al-Shafi'i, Ishaq, and the People of Opinion (Ashab al-Ra'y). It has been narrated from Tawus, al-Dahhak, and 'Abd al-Malik ibn Ya'la that they said: It is stripped from them and returned to his relatives. From Sa'id ibn al-Musayyab, al-Hasan, and Jabir ibn Zayd, it is said: To the one for whom he bequeathed a third of the third, and the remainder is returned to the relatives of the testator; because if he had bequeathed all of his wealth, the third would be permitted from it, and the remainder would be returned to the heirs, and his relatives who do not inherit from him are like the heirs in the entitlement to the entire wealth regarding the entitlement of the bequest. Our argument is what 'Imran ibn Husayn narrated, that a man emancipated six slaves during his illness and had no wealth other than them. This reached the Prophet, peace and blessings of Allah be upon him, so he called them, divided them into three parts, then drew lots among them, emancipating two and keeping four as slaves (29). Thus, he permitted emancipation in his third for those other than his relatives, and because it is a gift, it is permissible for those other than his relatives, like a gift during one's lifetime.

Notes

(26) Omitted from: M. (27) Surah al-Isra: 26. (28) Surah al-Baqarah: 177. (29) Narrated by Muslim, in: The Chapter on One Who Emancipates a Share he Possesses in a Slave, from the Book of Oaths. Sahih Muslim 3/1288. And Abu Dawud, in: The Chapter on One Who Emancipates Slaves of His and the Third Does Not Cover Them, from the Book of Emancipation. Sunan Abi Dawud 2/353. And al-Tirmidhi, in: The Chapter on What Has Been Narrated Regarding One Who Emancipates His Slaves at the Time of His Death While Having No Wealth Other Than Them, from the Chapters of Legal Rulings. 'Aridat al-Ahwadhi 6/121, 122. And al-Nasa'i, in: The Chapter on the Prayer Over One Who Acts Unjustly in His Bequest, from the Book of Funerals. Al-Mujtaba 4/51, 52. And Imam Malik, in: The Chapter on One Who Emancipates Slaves While Possessing No Wealth Other Than Them, from the Book of Emancipation. Al-Muwatta 2/774, mursal. And Imam Ahmad, in: Al-Musnad 4/426, 428, 430, 431, 438, 439, 440, 445, 446.

PreviousVolume 8 · Page 395Next
Previous8·395Next