Sunan Abu Dawud #2964

Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah)
'Umar sent for me when the day rose high. I found him sitting on a couch without cover. When I entered upon him, he said: Malik, some people of you tribe gradually came here, and I have ordered to give them something, so distribute it among them. I said: If you assigned this (work) to some other person, (it would be better). He said: Take it. Then Yarfa' came to him and said: Commander of the Faithful, will you permit 'Uthman b. 'Affan, 'Abd al-Rahman b. 'Awf, al-Zubair b. al-'Awwam, and Sa'd b, Abi Waqqas (to enter) ? He said: Yes. So he permitted them and they entered. Yarfa' again came to him and said: Commander of the Faithful, would you permit al-'Abbas and 'Ali ? He said: Yes. He then permitted them and they entered. Al-'Abbas said: Commander of Faithful, decide between me and this, referring to 'Ali. Some of them said: Yes, Commander of the Faithful, decide between them and give them comfort. Malik b. Aws said: It occurred to me that both of them brought the other people for this. 'Umar said: Show patience (do not make haste). He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (ﷺ) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (ﷺ) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then said: Allah has appointed for the Messenger of Allah (ﷺ) a special portion (in the booty) which he did not do for anyone. Allah, Most High, said: What Allah has bestowed on His Apostle (and taken away) from them - for this ye made no expedition with either cavalry or camelry. But Allah gives power to His apostles over any He pleases ; and Allah has power over all things". Allah bestowed (the property of) Banu al-Nadir on His Apostle. I swear by Allah, he did not reserve it for himself, nor did he take it over and above you. The Messenger of Allah (ﷺ) used to his share for his maintenance annually, or used to take his contribution and give his family their annual contribution (from this property), then take what remained and deal with it as he did with Allah's property. He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. When the Messenger of Allah (ﷺ) died, Abu Bakr said: I am the protector of the Messenger of Allah (ﷺ). Then you and this ('Ali) came to Abu Bakr, demanding a share from the inheritance of your cousin, and this ('Ali) demanding the share of his wife from (the property of her) father. Abu Bakr then said: The Messenger of Allah (ﷺ) said: We are not inherited. Whatever we leave is sadaqah. Allah knows that he (Abu Bakr) was true, faithful, rightly-guided, and the follower of Triuth. Abu Bakr then administered it (property of the Prophet). When Abu Bakr died, I said: I am the protector of the Messenger of Allah (ﷺ) and Abu Bakr. So I administered whatever Allah wished. Then you and this ('Ali) came. Both of you are at one, and your matter is the same. So they asked me for it (property), and I said: If you wish I give it to you on condition that you are bound by the covenant of Allah, meaning that you will administer it as the Messenger of Allah (ﷺ) used to administer. So you took it from me on that condition. Then again you have come to me so that I decide between you other than that. I swear by Allah, I shall not decide between you other than that till the Last Hour comes. If you helpless, return it to me. Abu Dawud said: They asked him for making it half between them, and not that they were ignorant of the fact the Prophet (ﷺ) said: We are not inherited. Whatever we leave is sadaqah (alms). They were also seeking the truth. 'Umar then said: I do not apply the name of division to it ; It leave it on its former condition.
Narrated by Narrated Malik b. Aws b. Al-Hadathan:

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سُورَةُ النِّسَاءِ
An-Nisaa (The Women)
بِسْمِ ٱللَّهِ ٱلرَّحْمَـٰنِ ٱلرَّحِيمِ
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يَسْتَفْتُونَكَ قُلِ ٱللَّهُ يُفْتِيكُمْ فِى ٱلْكَلَٰلَةِ ۚ إِنِ ٱمْرُؤٌا۟ هَلَكَ لَيْسَ لَهُۥ وَلَدٌۭ وَلَهُۥٓ أُخْتٌۭ فَلَهَا نِصْفُ مَا تَرَكَ ۚ وَهُوَ يَرِثُهَآ إِن لَّمْ يَكُن لَّهَا وَلَدٌۭ ۚ فَإِن كَانَتَا ٱثْنَتَيْنِ فَلَهُمَا ٱلثُّلُثَانِ مِمَّا تَرَكَ ۚ وَإِن كَانُوٓا۟ إِخْوَةًۭ رِّجَالًۭا وَنِسَآءًۭ فَلِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۗ يُبَيِّنُ ٱللَّهُ لَكُمْ أَن تَضِلُّوا۟ ۗ وَٱللَّهُ بِكُلِّ شَىْءٍ عَلِيمٌۢ
They request from you a [legal] ruling. Say, "Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs]." If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.
۞ وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌۭ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌۭ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِينَ بِهَآ أَوْ دَيْنٍۢ ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌۭ ۚ فَإِن كَانَ لَكُمْ وَلَدٌۭ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّنۢ بَعْدِ وَصِيَّةٍۢ تُوصُونَ بِهَآ أَوْ دَيْنٍۢ ۗ وَإِن كَانَ رَجُلٌۭ يُورَثُ كَلَٰلَةً أَوِ ٱمْرَأَةٌۭ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌۭ فَلِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ ۚ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّۢ ۚ وَصِيَّةًۭ مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌۭ
And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing.
يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءًۭ فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةًۭ فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌۭ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌۭ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌۭ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًۭا ۚ فَرِيضَةًۭ مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًۭا
Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.
سُورَةُ الحَشۡرِ
Al-Hashr (The Exile)
بِسْمِ ٱللَّهِ ٱلرَّحْمَـٰنِ ٱلرَّحِيمِ
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مَّآ أَفَآءَ ٱللَّهُ عَلَىٰ رَسُولِهِۦ مِنْ أَهْلِ ٱلْقُرَىٰ فَلِلَّهِ وَلِلرَّسُولِ وَلِذِى ٱلْقُرْبَىٰ وَٱلْيَتَٰمَىٰ وَٱلْمَسَٰكِينِ وَٱبْنِ ٱلسَّبِيلِ كَىْ لَا يَكُونَ دُولَةًۢ بَيْنَ ٱلْأَغْنِيَآءِ مِنكُمْ ۚ وَمَآ ءَاتَىٰكُمُ ٱلرَّسُولُ فَخُذُوهُ وَمَا نَهَىٰكُمْ عَنْهُ فَٱنتَهُوا۟ ۚ وَٱتَّقُوا۟ ٱللَّهَ ۖ إِنَّ ٱللَّهَ شَدِيدُ ٱلْعِقَابِ
And what Allah restored to His Messenger from the people of the towns - it is for Allah and for the Messenger and for [his] near relatives and orphans and the [stranded] traveler - so that it will not be a perpetual distribution among the rich from among you. And whatever the Messenger has given you - take; and what he has forbidden you - refrain from. And fear Allah; indeed, Allah is severe in penalty.
سُورَةُ الأَنفَالِ
Al-Anfaal (The Spoils of War)
بِسْمِ ٱللَّهِ ٱلرَّحْمَـٰنِ ٱلرَّحِيمِ
1 ayah
يَسْـَٔلُونَكَ عَنِ ٱلْأَنفَالِ ۖ قُلِ ٱلْأَنفَالُ لِلَّهِ وَٱلرَّسُولِ ۖ فَٱتَّقُوا۟ ٱللَّهَ وَأَصْلِحُوا۟ ذَاتَ بَيْنِكُمْ ۖ وَأَطِيعُوا۟ ٱللَّهَ وَرَسُولَهُۥٓ إِن كُنتُم مُّؤْمِنِينَ
They ask you, [O Muhammad], about the bounties [of war]. Say, "The [decision concerning] bounties is for Allah and the Messenger." So fear Allah and amend that which is between you and obey Allah and His Messenger, if you should be believers.

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