Azami 6069

It was narrated by Abu Dawud (2902), Tirmidhi (2105), and Ibn Majah (2733), all from the hadith of Abdul-Rahman bin Asbahani, from Mujahid bin Wardan, from Urwa bin Zubayr, from Ayesha, who said, and then she related it. From this same route it was also recorded by Ahmad (25054) and Bayhaqi (6/243). Tirmidhi said, "This is a hasan hadith." And indeed it is, for it contains Mujahid bin Wardan, who is truthful, as stated in Taqrib.Bayhaqi said, "This may be understood as meaning that he was a client of his by other than manumission, so the Prophet did not take his inheritance but assigned it to the people of his village as a matter of public benefit." Baghawi said in Sharh al-Sunnah (8/361-362), "This is not, according to the scholars, a case of the people of the village or the tribe inheriting, but rather it is property belonging to someone with no heir, which belongs to the Muslims generally, and the leader disposes of it as he sees fit for the public benefit."I say, but what appears from the context of the hadith is that the Prophet ﷺ was in fact his heir, but he refrained from taking this inheritance and assigned it instead to a man from the people of the village, and in this there is a relinquishing of a right out of good will.As for what was narrated from Burayda bin Husayb, who said, a man came to the Prophet ﷺ and said, "I have with me the inheritance of a man from Azd, and I cannot find anyone from Azd to give it to." He said, "Go and search for someone from Azd for a year." He said, so the man came to him after the year and said, "O Messenger of Allah, I have not found anyone from Azd to give it to." He said, "Go and look for the first person from Khuza you meet and give it to him." When the man turned to leave, the Prophet said, "Bring the man back to me." When he came, the Prophet said, "Look for the eldest of Khuza and give it to him." This is daif.It was narrated by Abu Dawud (2903) from Abdullah bin Saeed Kindi, who said, Muharibi narrated to us, from Jibreel bin Ahmar, from Abdullah bin Burayda, from his father, and he related it.It was also narrated by Abu Dawud (2409), Ahmad (22944), Nasai in Kubra (6394), and Tayalisi (850), and from his route Bayhaqi (6/243), all of them through Sharik, from Abu Bakr bin Ahmar, with his chain of transmission, similarly. Some of them added, "Search for an heir for him, or a blood relative."Nasai in Kubra (6397) also narrated it through another route from Jibreel as a mursal report. Jibreel bin Ahmar, Abu Bakr Jamali Kufi, also said to be from Basra, is disputed. Ibn Main deemed him reliable, while Abu Zura said, "A minor shaykh." Ibn Hibban listed him among the trustworthy narrators, but Nasai weakened him, saying, "He is not strong, and the report is objectionable." Ibn Hazm said, "No legal argument can be established by it." There is also disagreement as to whether it is connected or mursal, as Nasai narrated it through two different routes.Likewise, what was narrated from Ibn Abbas is not sound, that a man died in the time of the Messenger of Allah ﷺ and left no heir except a slave whom he had freed, so the Prophet gave him his inheritance.It was narrated by Abu Dawud (2905), Tirmidhi (2106), and Ibn Majah (2741), all through Amr bin Dinar, from Awsaja, client of Ibn Abbas, from Ibn Abbas, and he related it. Through this same route it was also narrated by Ahmad (3369), Hakim (4/347), Bayhaqi (6/242), and Tahawi in his Mushkil (3879).In its chain is Awsaja Makki, client of Ibn Abbas, of whom Abu Hatim and Nasai said, "He is not well known." Bukhari said in Tarikh al-Kabir (7/76), "Amr bin Dinar narrated from him, but it is not established as sound." Bayhaqi said, "It is not corroborated."Hakim also narrated it (4/346) through the route of Ibn Jurayj, who said, Amr bin Dinar informed me, from Ikrima, from Ibn Abbas, and he related it. He said, this is a sahih hadith according to the standard of Bukhari, though neither Bukhari nor Muslim recorded it. However, Hammad bin Salama and Sufyan bin Uyayna both narrated it from Amr bin Dinar, from Awsaja, client of Ibn Abbas, from Ibn Abbas, who said, and he related it. So his statement in the report from Ikrima, "from Ibn Abbas," is a mistake, which Bayhaqi pointed out, saying, "Some narrators reported it from Amr, from Ikrima, from Ibn Abbas, and this is undoubtedly a mistake."He also found fault with the report of Amr from Awsaja, since he narrated it as mursal, and he preferred that version. Dhahabi said, "He is obscure."I say, this is because, in addition to the weakness of its chain, its content is objectionable, since it contradicts the sahih hadith agreed upon, "Inheritance rights belong only to the one who freed the slave." The scholars have agreed that a lower-status client cannot inherit from a higher-status one. That is why the Prophet ﷺ asked, as stated in some narrations, "Seek out an heir for him," but they found none, which shows that the lower client was not his heir. So the Prophet's giving him his estate was not because he was his heir, but rather because he handled this property, which had no rightful claimant, in the way he saw fit.That is why Tirmidhi said, "The practice among the scholars in this matter is that when a man dies and leaves no agnate relatives, his inheritance is placed in the treasury of the Muslims."