Inheritance and Wills

Abu Huraira reported the Prophet as saying, “I am nearer to the believers than themselves, so if anyone dies leaving a debt without leaving enough to pay it I shall be responsible for paying it, and if anyone leaves property it goes to his heirs.” A version has, “If anyone leaves a debt or children without maintenance let the matter come to me, for I am his guardian.” Another version has, “If anyone leaves property it goes to his heirs and if anyone leaves dependents without resources they come to us.” (Bukhari and Muslim.)

Ibn ‘Abbas reported God’s Messenger as saying, “Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir.” (Bukhari and Muslim.)

Usama b. Zaid reported God’s Messenger as saying, “A Muslim may not inherit from an infidel or an infidel from a Muslim.” (Bukhari and Muslim.)

Anas reported the Prophet as saying, “The freedman* of a people is one of them.” * Maula. This word may mean either the one who emancipates or the one who has been emancipated, and therefore the tradition has received two different interpretations according to the meaning of maula. Bukhari transmitted it.

He reported God’s Messenger as saying, “A sister’s son has blood- relationship to her family.” (Bukhari and Muslim.)

‘Abdallah b. ‘Amr reported God's Messenger as saying, “People of two different religions may not inherit from one another.” Abu Dawud and Ibn Majah transmitted it, and Tirmidhi transmitted it from Jabir.

Abu Huraira reported God’s Messenger as saying, “One who kills a man cannot inherit from him.” Tirmidhi and Ibn Majah transmitted it.

Buraida said that the Prophet appointed a sixth to a grandmother if no mother is left to inherit before her. Abu Dawud transmitted it.

Jabir reported God’s Messenger as saying, “When an infant has raised its voice and then dies*, prayer is offered over it and it is treated as an heir.” *"And then dies” does not occur in the text, but is obviously to be understood from the context. The position is that when the heir of someone who has died is expecting a child, the division of the property must not be made till the child is born. If the child lives long enough to raise it voice it is entitled to a share in the inheritance. Ibn Majah and Darimi transmitted it.

Kathir b. ‘Abdallah, on his father’s authority, said that his grand-father reported God's Messenger as saying, “The freedman of a people is one of them, the ally* of a people is one of them, and a sister’s son has blood-relationship to her family.” * Or "close friend". Dawud transmitted it.