الأربعون 43 — ألحقوا الفرائض بأهلها

الأربعون 43 — ألحقوا الفرائض بأهلها

The hadith of Ibn Abbas that the Messenger of God said 'give the fixed shares to their people; whatever the shares leave over goes to the nearest male' — the first of the eight hadiths Ibn Rajab added beyond al-Nawawi's Forty, noting that some commentators claimed al-Nawawi had overlooked it though it comprises and gathers the rulings of inheritance; al-Bukhari (6732, 6746) and Muslim (1615) transmit it through Wahib and Ruh ibn al-Qasim from Ibn Tawus from his father from Ibn Abbas, Muslim also through Mu'ammar and Yahya ibn Ayyub from Ibn Tawus, while al-Thawri, Ibn Uyayna, Ibn Jurayj and others narrated it mursal from Ibn Tawus from his father without naming Ibn Abbas — al-Nasa'i preferring the mursal; scholars differed over 'give the shares to their people': a group including Ahmad and Ishaq ibn Rahuya held the shares are those fixed in God's Book and the remainder goes to the nearest agnate — on which Ibn Abbas held that the sister alongside the daughter takes the residue by agnation, admitting all others opposed him, the Zahiris joining him, while the majority — Umar, Ali, A'isha, Zayd, Ibn Masud, Mu'adh — held the sister is agnate-residuayer with the daughter, Ibn al-Zubayr and Masruq having held Ibn Abbas's view then retracted; some argued from 'to the nearest male' against the inheritance of distant kindred, answered by those who inherit them that the hadith establishes agnates without negating others; Ibn Rajab answered the puzzle of 'a male man' — rajul can denote a person, so 'male' restricts it as intended, and rejected al-Suhayli's strained treatment of the hadith (Jami' al-Ulum wal-Hikam pp. 846–863).