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(Book 38, Hadith 22) #36556
Inheritance and Wala' of Mawali

SUMMARY: Uthman ibn Affan gave a judgement that the brother had the wala' of the mawali when two brothers argued over inheritance.

Malik related to me from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Abd al-Malik ibn Abi Bakr ibn Abd ar-Rahman ibn al- Harith ibn Hisham that his father told him that: al-Asi ibn Hisham had died and left three sons, two by one wife and one by another wife. One of the two with the same mother died and left property and mawali. His full brother inherited his property and the wala' of his mawali. Then he also died, and left as heirs his son and his paternal half brother. His son said, "I obtain what my father inherited of property and the wala' of the mawali". His brother said, "It is not like that. You obtain the property. As for the wala' of the mawali, it is not so. Do you think that had it been my first brother who died today, I would not have inherited from him?" They argued and went to Uthman ibn Affan. He gave a judgement that the brother had the wala' of the mawali.
حَدَّثَنِي مَالِكٌ، عَنْ عَبْدِ اللَّهِ بْنِ أَبِي بَكْرِ بْنِ مُحَمَّدِ بْنِ عَمْرِو بْنِ حَزْمٍ، عَنْ عَبْدِ الْمَلِكِ بْنِ أَبِي بَكْرِ بْنِ عَبْدِ الرَّحْمَنِ بْنِ الْحَارِثِ بْنِ هِشَامٍ، عَنْ أَبِيهِ، أَنَّهُ أَخْبَرَهُ أَنَّ الْعَاصِيَ بْنَ هِشَامٍ هَلَكَ وَتَرَكَ بَنِينَ لَهُ ثَلاَثَةً اثْنَانِ لأُمٍّ وَرَجُلٌ لِعَلَّةٍ فَهَلَكَ أَحَدُ اللَّذَيْنِ لأُمٍّ وَتَرَكَ مَالاً وَمَوَالِيَ فَوَرِثَهُ أَخُوهُ لأَبِيهِ وَأُمِّهِ مَالَهُ وَوَلاَءَهُ مَوَالِيهِ ثُمَّ هَلَكَ الَّذِي وَرِثَ الْمَالَ وَوَلاَءَ الْمَوَالِي وَتَرَكَ ابْنَهُ وَأَخَاهُ لأَبِيهِ فَقَالَ ابْنُهُ قَدْ أَحْرَزْتُ مَا كَانَ أَبِي أَحْرَزَ مِنَ الْمَالِ وَوَلاَءِ الْمَوَالِي وَقَالَ أَخُوهُ لَيْسَ كَذَلِكَ إِنَّمَا أَحْرَزْتَ الْمَالَ وَأَمَّا وَلاَءُ الْمَوَالِي فَلاَ أَرَأَيْتَ لَوْ هَلَكَ أَخِي الْيَوْمَ أَلَسْتُ أَرِثُهُ أَنَا فَاخْتَصَمَا إِلَى عُثْمَانَ بْنِ عَفَّانَ فَقَضَى لأَخِيهِ بِوَلاَءِ الْمَوَالِي
TOPICS
inheritance  *  judgement  *  faraidh  *  wasaya  *  wala  *  mawali

QUICK LESSONS:
Follow Islamic law/faraidh when distributing wealth among family members after someone passes away .

EXPLANATIONS:
This hadith is about inheritance and wala’ of mawali. It tells us about a situation where two brothers were arguing over their father's inheritance after his death. One brother claimed to have inherited both his father's property and the wala’ of his mawali while the other disagreed with him. They went to Uthman Ibn Affan for judgement who ruled in favor of the second brother saying that he should have inherited only his father's property while the wala’ belonged to his half brother from another mother. This hadith teaches us that it is important to be fair when it comes to distributing wealth among family members after someone passes away according to Islamic law or faraidh which states that each person has an equal right in inheriting their parents' wealth regardless if they are full siblings or not. It also teaches us about wasaya which is a will made by someone before they pass away stating how they want their wealth distributed among family members after their death.

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