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(Book 29, Hadith 43) #36259
Inheritance Rights for Women

SUMMARY: Uthman ibn Affan ruled that a woman who had not yet menstruated could still inherit from her deceased husband.

Yahya related to me from Malik from Yahya ibn Said that Muhammad ibn Yahya ibn Habban said, "My grandfather Habban had two wives, one from the Hashimites and one from the Ansars. He divorced the Ansariyya while she was nursing, and a year passed and he died and she had still not yet menstruated. She said, 'I inherit from him. I have not menstruated yet'. The wives quarrelled and went to Uthman ibn Affan. He decided that she did inherit, and the Hashimiyya rebuked Uthman. He said, 'This is the practice of the son of your paternal uncle. He pointed this out to us'. He meant Ali ibn Abi Talib".
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، عَنْ مُحَمَّدِ بْنِ يَحْيَى بْنِ حَبَّانَ، قَالَ كَانَتْ عِنْدَ جَدِّي حَبَّانَ امْرَأَتَانِ هَاشِمِيَّةٌ وَأَنْصَارِيَّةٌ فَطَلَّقَ الأَنْصَارِيَّةَ وَهِيَ تُرْضِعُ فَمَرَّتْ بِهَا سَنَةٌ ثُمَّ هَلَكَ عَنْهَا وَلَمْ تَحِضْ فَقَالَتْ أَنَا أَرِثُهُ لَمْ أَحِضْ فَاخْتَصَمَتَا إِلَى عُثْمَانَ بْنِ عَفَّانَ فَقَضَى لَهَا بِالْمِيرَاثِ فَلاَمَتِ الْهَاشِمِيَّةُ عُثْمَانَ فَقَالَ هَذَا عَمَلُ ابْنِ عَمِّكِ هُوَ أَشَارَ عَلَيْنَا بِهَذَا يَعْنِي عَلِيَّ بْنَ أَبِي طَالِبٍ

TOPICS
inheritance  *  women  *  divorce  *  istinja  *  nisa  *  talaq  *  affan

QUICK LESSONS:
Follow Islamic rulings set by scholars such as Ali Ibn Abi Talib and Uthanm Ibh Afnan , Respect for women's rights , Equality in regards legal matters regardless gender or age .

EXPLANATIONS:
This hadith is about the rights of women in regards to inheritance. It tells the story of a woman who was married to Habban and was divorced while she was nursing, but before she had her first menstrual cycle. After Habban died, his wives quarreled over whether or not this woman should be able to inherit from him since she hadn't menstruated yet. They went to Uthman Ibn Affan for a ruling and he decided that she did have the right to inherit, citing Ali Ibn Abi Talib as an example of someone who practiced this same ruling. This hadith shows us that even though women may not have been given many rights in society at the time, they were still given certain rights when it came to inheritance law and were respected by Islamic scholars like Ali Ibn Abi Talib and Uthman Ibn Affan.

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