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(Book 38, Hadith 23) #36557
Dispute Over Inheritance of Mawali and Wala'

SUMMARY: This hadith is about a dispute between two tribes over the inheritance of mawali (slaves) and wala' (loyalty).

Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that his father told him that he was sitting with Aban ibn Uthman, and an argument was brought to him between some people from the Juhaynah tribe and some people from the Banu al-Harith ibn al-Khazraj. A woman of the Juhaynah tribe was married to a man from the Banu al-Harith ibn al- Khazraj, called Ibrahim ibn Kulayb. She died and left property and mawali, and her son and husband inherited them from her. Then her son died and his heirs said, "We have the wala' of the mawali. Her son obtained them". Those of the Juhaynah said, "It is not like that. They are the mawali of our female associate. When her child died, we have their wala' and we inherit them". Aban ibn Uthman gave a judgement that the people from the Juhaynah tribe did indeed have the wala' of the mawali.
وَحَدَّثَنِي مَالِكٌ، عَنْ عَبْدِ اللَّهِ بْنِ أَبِي بَكْرِ بْنِ حَزْمٍ، أَنَّهُ أَخْبَرَهُ أَبُوهُ، أَنَّهُ كَانَ جَالِسًا عِنْدَ أَبَانَ بْنِ عُثْمَانَ فَاخْتَصَمَ إِلَيْهِ نَفَرٌ مِنْ جُهَيْنَةَ وَنَفَرٌ مِنْ بَنِي الْحَارِثِ بْنِ الْخَزْرَجِ وَكَانَتِ امْرَأَةٌ مِنْ جُهَيْنَةَ عِنْدَ رَجُلٍ مِنْ بَنِي الْحَارِثِ بْنِ الْخَزْرَجِ يُقَالُ لَهُ إِبْرَاهِيمُ بْنُ كُلَيْبٍ فَمَاتَتِ الْمَرْأَةُ وَتَرَكَتْ مَالاً وَمَوَالِيَ فَوَرِثَهَا ابْنُهَا وَزَوْجُهَا ثُمَّ مَاتَ ابْنُهَا فَقَالَ وَرَثَتُهُ لَنَا وَلاَءُ الْمَوَالِي قَدْ كَانَ ابْنُهَا أَحْرَزَهُ فَقَالَ الْجُهَنِيُّونَ لَيْسَ كَذَلِكَ إِنَّمَا هُمْ مَوَالِي صَاحِبَتِنَا فَإِذَا مَاتَ وَلَدُهَا فَلَنَا وَلاَؤُهُمْ وَنَحْنُ نَرِثُهُمْ فَقَضَى أَبَانُ بْنُ عُثْمَانَ لِلْجُهَنِيِّينَ بِوَلاَءِ الْمَوَالِي
TOPICS
inheritance  *  tribes  *  dispute  *  faraidh  *  mawali  *  wala

QUICK LESSONS:
Respect for law/rules/rights; Follow Islamic laws regarding inheritance; Show loyalty to family members even after death; Be just in disputes between people or tribes; Follow rulings given by judges or scholars in cases of disputes .

EXPLANATIONS:
This hadith is about a dispute between two tribes over the inheritance of mawali and wala'. The Juhaynah tribe claimed that they were entitled to the wala’ of the mawalis since their female associate had died. However, those from Banu al-Harith ibn al-Khazraj argued that they should inherit them since her son had died. In this case, Aban ibn Uthman gave a judgement that those from Juhaynah did indeed have the right to inherit them. This hadith teaches us an important lesson on faraidh or Islamic laws regarding inheritance which states that when someone dies without leaving any heirs, their property will be inherited by their closest relatives according to Islamic law. It also teaches us about loyalty and how it can be passed down through generations even after death.

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