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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 6994 - Issue: Abu al-Qasim, may Allah have mercy on him, said: (Neither a brother nor a sister, whether full or paternal, inherits alongside a son, nor with a son's son, no matter how deep the descent, nor with a father.)

Translation · EN

al-Ijeli, said: Umar ibn al-Khattab, may Allah be pleased with him, said: "Learn the laws of inheritance, proper language usage (lahn), and the Sunnah, just as you learn the Quran." (6) He also said: Abu al-Ahwas narrated to us, Abu Ishaq informed us, from Abu al-Ahwas, from Abdullah, who said: "Whoever learns the Quran should also learn the laws of inheritance."

Jabir ibn Abdullah reported: The wife of Sa'd ibn al-Rabi' came to the Messenger of Allah (peace and blessings of Allah be upon him) with her two daughters from Sa'd and said: "O Messenger of Allah, these are the two daughters of Sa'd ibn al-Rabi'. Their father was killed alongside you as a martyr at Uhud, their uncle has taken their property, and they cannot be married off unless they have property." He said: Then the verse regarding inheritance was revealed. The Messenger of Allah (peace and blessings of Allah be upon him) sent for their uncle and said: "Give the two daughters of Sa'd two-thirds, and their mother one-eighth, and whatever remains is yours." Reported by Ahmad, in his Musnad (7).

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;

Notes

(6) Reported by al-Darimi, in: Chapter on learning the laws of inheritance, from the Book of Inheritance. Sunan al-Darimi 2/341. Al-Bayhaqi, in: Chapter on the encouragement to learn the laws of inheritance, from the Book of Inheritance. Al-Sunan al-Kubra 6/209. And Sa'id ibn Mansur, in: Chapter on the encouragement to learn the laws of inheritance, from the chapter heading. Al-Sunan 1/25. (7) Al-Musnad 3/352. It was also reported by al-Tirmidhi, in: Chapter on what has been narrated regarding the inheritance of daughters, from the Chapters of Inheritance. Aridat al-Ahwadhi 8/242, 243. And Ibn Majah, in: Chapter on the inheritance of the direct offspring, from the Book of Inheritance. Sunan Ibn Majah 2/908, 909. (1) Surah al-Nisa' 176.

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