An-Nawawi's Forty HadithHadith 43

Inheritance: the fixed shares first, then the nearest male relative

قسمة المواريث بين أصحاب الفروض والعصبة

The rule that orders all inheritance: the shares Allah fixed in the Quran are given first, and what remains goes to the nearest male relative.

Sahih

The hadith

أَلْحِقُوا الْفَرَائِضَ بِأَهْلِهَا، فَمَا بَقِيَ فَهْوَ لأَوْلَى رَجُلٍ ذَكَرٍ

Narrated Ibn `Abbas:The Prophet (ﷺ) said, "Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased

Reported by
al-Bukhari, Muslim
Added by
Ibn Rajab, completing the fifty of Jami' al-'Ulum wal-Hikam

Lessons

Ibn Rajab calls this hadith a foundation of the law of inheritance. The heirs whose shares the Quran fixes (4:11-12, 4:176) take them first; whatever is left goes to the closest male relative on the father's side, and the nearer excludes the farther. Read with the verses, it settles how every estate is divided, including what the verses leave unstated.

He records where the Companions differed, for example whether a full sister takes the remainder when the deceased leaves a daughter: most of them, including 'Umar, 'Ali and Ibn Mas'ud, held that she does, while Ibn 'Abbas held otherwise. In practice: an estate is divided by these rules, not by preference, and dividing it is a matter for those who know the law of inheritance.

Evidence

Sahih

Sahih al-Bukhari 6732

Grades
GraderVerdict
al-BukhariSahih (included by al-Bukhari in his Sahih) (Sahih)
Full narration

حَدَّثَنَا مُوسَى بْنُ إِسْمَاعِيلَ، حَدَّثَنَا وُهَيْبٌ، حَدَّثَنَا ابْنُ طَاوُسٍ، عَنْ أَبِيهِ، عَنِ ابْنِ عَبَّاسٍ ـ رضى الله عنهما ـ عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ ‏ "‏ أَلْحِقُوا الْفَرَائِضَ بِأَهْلِهَا، فَمَا بَقِيَ فَهْوَ لأَوْلَى رَجُلٍ ذَكَرٍ ‏"‏‏.‏

Narrated Ibn `Abbas:The Prophet (ﷺ) said, "Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased

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