Azami 6074

Tabarani narrated it (2/142) from Muhammad bin Mindah al-Isbahani, who said, "Abu Kurayb narrated to us, Zakariya bin Adi narrated to us, from Hatim bin Ismail, from Juayd bin Abdul-Rahman, from Yazid bin Khusayfa, from Nafi bin Jubayr, from his father," and he mentioned it.Haythami said in Majma (1/196), "Its narrators are the narrators of the Sahih." Its chain is hasan because of Hatim bin Ismail, for he is truthful, sound in his book. Juayd bin Abdul-Rahman is Jad bin Abdul-Rahman bin Aws, sometimes given in the diminutive, and he is one of the narrators found in the two Sahihs.Of similar meaning is what was narrated from Rifa bin Rafi al-Zurqi. Ahmad narrated it (18992, 18993, 18994), as did Bukhari in Adab al-Mufrad (75), Tabarani in al-Kabir (4547), and Hakim (2/328, 4/73). In their chain is Ismail bin Ubayd bin Rifa, who is "unknown," no one narrated from him except Ibn Khuthaym, and no one graded him reliable. Ibn Hibban mentioned him in al-Thiqat, as is his habit of mentioning unknown narrators in it.The hadiths of this chapter indicate that mutual inheritance through alliance, contract, and the like was abrogated by the verse of inheritance shares. Those mentioned in it are the ones who inherit, and whoever has no heir among them is inherited from by the blood relatives, who are the closest kin to the deceased whose mention and shares were not given in the verses of inheritance. The scholars have identified some of these, namely the children of daughters, the maternal grandfather, the children of a sister, the daughters of a brother, the daughters of a paternal uncle, the maternal uncle who is a brother of the mother's father, the paternal aunt, the maternal uncle, and the maternal aunt, this being when there are no other heirs. This is also indicated by the general meaning of the words of Allah the Exalted, "And those of blood relationship are closer to one another" [Anfal 8:75], and His words, "Men shall have a share of what the parents and near relatives leave, and women shall have a share of what the parents and near relatives leave" [Nisa 4:7]. The near relatives here are the blood relatives.This is what many scholars have said, among them Umar bin Khattab, Ali, Ibn Masud, and Abu Darda from the Companions, Ahmad and Abu Hanifa from the jurists, and Shaybi, Masruq, Nakhai, Thawri, Qasim bin Sallam, Ishaq, Hasan bin Ziyad, and others among the scholars of Islam.Abu Bakr, Zayd bin Thabit, and Ibn Umar held that they have no right of inheritance at all, rather the wealth of a deceased person who left no heir is given over to the public treasury. Malik and Shafii held this view as well. Their argument was that whoever does not bear the blood money obligation does not inherit. As for the hadiths of this chapter, either they are not established, as Shafii said, or they are to be understood allegorically.