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40 Hadith Abu Arwa Ali Family Fiqh (Jurisprudence)

40 Hadith #63

40 Hadith #63

With our brother Abu Arwa Ali

Summary:

-Ibn Rajab’s addendums to the 40 Hadith

-Islamic law on inheritance

-Blood-ties and Nursing/foster ties

Hadith 43 (Ibn Rajab’s First addendum)

  • Ibn ‘Abbas (as l) reported that Allah’s messenger () said: “Give the fara’id (the fixed shares of inheritance prescribed in the Quran) to its people. Then whatever remains, should be given to the closest male man” [Recorded by Al-Bukhari and Muslim]
  • The explanation of this hadith is split into 2 parts

Part 1: Some important points:

  • Imam An-Nawawi collected 42 hadith who he classed as foundational to the religion of Islam and vital for the Muslim 
  • He named his book the “40 Hadith” as it was the closest rounded ten
  • Imam Ibn Rajab Al-Hanbali added an extra 8 hadith as an addendum to the 42 hadith. 
  • Ibn Rajab added these extra 8 hadith since they also fit the classification of being foundational hadith 
  • This Hadith here (43) is considered a foundational principle with regards to Islamic law on inheritance
  • The inheritors can be divided into two categories:
    • Those who inherit a fixed share
    • Those who inherit the remainder
  • What are the possible fixed shares mentioned in the Qur’an?
  • Who are examples of those who inherit the remainder?

Part 2: Regarding the statement of the Messenger of Allah  “Then whatever remains, should be given to the closest male man

  • Why did the Prophet use the term “male man”? What is the significance?
    • The term “man” in Arabic is associated with manliness
    • The term “male” is more broad
    • The Prophet  specified this on purpose so that inheritance 
    • Therefore inheritance is not linked to being older, stronger or more manly
  • This hadith highlights the perfection of the Islamic Labandeira-Garcia that it consists of a complete and comprehensive set of principles
  • Why is this knowledge regarding inheritance highly important?
  • This hadith establishes that precedence is given to the one who inherits a fixed share, he or she is given first, then the remainder is dealt with by those who inherit that

Hadith 44 (Ibn Rajab’s second addendum)

  • Aishah (may Allah be pleased with her) reported that Allah’s Messenger () said: “Whatever is made forbidden by birth, is (also) made forbidden by Suckling” [Recorded by AlI-Bukhari and Muslim]
  • The explanation of this hadith is split into 3 parts

Part 1: Blood-ties and Nursing/foster ties

  • What does Allah say in the Qur’an?
  • Every relative that is forbidden to marry because of blood ties, is also forbidden because of breastfeeding
  • The relative if one’s nursing mother becomes one’s relative through nursing
  • Some examples

Part 2: What amount of Suckling makes relations forbidden?

  • The breastfeeding that makes nursing relations forbidden to marry is five sucks within two years
  • An adult drinking breastmilk doesn’t make the relations forbidden (to marry)
  • The narration concerning Salim (may Allah be pleased with him), the freed slave of Abu Hudhaifah (may Allah be pleased with him)

Part 3: Summary of Benefits

  1. This Hadith highlights the perfection of Islamic law and that it consists of complete and comprehensive set of principles
  2. Every woman forbidden to marry by blood-ties is forbidden to marry by way of foster-ties 

Hadith 45 (Ibn Rajab’s Third addendum)

  • Jabir ibn Abdillah (may Allah be pleased with him) reported that: I heard Allah’s Messenger () in the year of the conquest of Mecca saying, “Indeed, Allah and His Messenger forbade the trade of alcohol, dead animals, pigs and idols.” It was said: “O Allah Messenger! What about the fat of dead animals, for it was used for greasing the boats and the hides and people use it for lights?” He said, “No, it is forbidden.” Allah’s Messenger () then said: “May Allah curse the Jews. Indeed, when Allah made it’s fat forbidden, they melted it, sold it and ate its price.” [Recorded by Al-Bukhari and Muslim]
  • NOTE: clarification of the term “May Allah curse the Jews”

Part 1: “Indeed Allah and His Messenger have forbidden”

  • What does this mean?
  • Other wordings of this hadith