Sunan an-Nasa'i #4158

The Book of Distribution of Al-Fay'
"Al-Abbas and Ali came to 'Umar with a dispute. Al-Abbas said: 'Pass judgment between him and I.' the people said: 'Pass judgment between them.' 'Umar said: 'I will not pass judgment between them. They know that the Messenger of Allah said: We are not inherited from, what we leave behind is charity. He said: And (in this narration of it) Az-Zuhri said: 'It (the Khumus) was under the control of the Messenger of Allah , and he took provision for himself and for his family from it, and disposed to the rest of it as he disposed of other wealth (belonging to the Muslims). Then Abu Bakr took control of it, then I took control of it after Abu Bakr, and I did with it what he sued to do. Then these two came to me and asked me to give it to them so that they could dispose of it as the Messenger of Allah disposed of it, and as Abu Bakr disposed of it, and as I disposed of it. So I gave it to them and I took promises from them that they would take proper care of it. Then they came to me and this one said. Give me my share from my brothers son: and this one said: Give me my share from my wife. If they want me to give it to them on the condition that they would dispose of it in the same manner as the Messenger of Allah did, and as Abu Bakr did, and as I did, I would give it to them, but if they refuse, then they do not have to worry about it.' Then he said: 'And know that whatever of spoils of war that you may gain, verily, one-fifth of it is assigned to Allah, and to the Messenger, and to the near relatives (of the Messenger (Muhammad), (and also) the orphans, Al-Masakin (the poor) and the wayfarer' (Al-Anfal 8:41) this if for them. 'As-Sadaqat (here it means Zakah) are only for the Fuqara (poor), and Al-Masakin (the poor) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (toward Islam); and to free the captives; and for those in debt; and for Allah's cause (I.e. for Mujahidun - those fighting in a holy battle)' - this is for them. 'And what Allah gave as booty (Fay') to His Messenger (Muhammad) from them - for this you made no expeditin with either cavalry or camels.' Az-Zuhri said: This applies exclusively to the Messenger of Allah and refers to an 'Arab village called Fadak, and so on. What Allah gave as booty (Fay') to His Messenger (Muhammad) from the people of the townships - it is for Allah, His Messenger (Muhammad), the kindred (of Messenger Muhammad), the orphans, Al-Masakin (the poor), and the wayfarer (And there is also a share in this booty) for the poor emigrants, who were expelled from their homes and their property And (it is also for) those who, before them, had homes (in Al-Madinah) and had adopted the Faith And those who came after them. These is no one left among the Muslims but he has some rights to this wealth, except for some of the slaved whom you own. If I live, if Allah wills, I will give every Muslim his right." Or he said: "His share."
Narrated by It was narrated that Malik bin Aws bin Al-Hadathan said:

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سُورَةُ الأَنفَالِ
Al-Anfaal (The Spoils of War)
بِسْمِ ٱللَّهِ ٱلرَّحْمَـٰنِ ٱلرَّحِيمِ
1 ayah
۞ وَٱعْلَمُوٓا۟ أَنَّمَا غَنِمْتُم مِّن شَىْءٍۢ فَأَنَّ لِلَّهِ خُمُسَهُۥ وَلِلرَّسُولِ وَلِذِى ٱلْقُرْبَىٰ وَٱلْيَتَٰمَىٰ وَٱلْمَسَٰكِينِ وَٱبْنِ ٱلسَّبِيلِ إِن كُنتُمْ ءَامَنتُم بِٱللَّهِ وَمَآ أَنزَلْنَا عَلَىٰ عَبْدِنَا يَوْمَ ٱلْفُرْقَانِ يَوْمَ ٱلْتَقَى ٱلْجَمْعَانِ ۗ وَٱللَّهُ عَلَىٰ كُلِّ شَىْءٍۢ قَدِيرٌ
And know that anything you obtain of war booty - then indeed, for Allah is one fifth of it and for the Messenger and for [his] near relatives and the orphans, the needy, and the [stranded] traveler, if you have believed in Allah and in that which We sent down to Our Servant on the day of criterion - the day when the two armies met. And Allah, over all things, is competent.
سُورَةُ الحَشۡرِ
Al-Hashr (The Exile)
بِسْمِ ٱللَّهِ ٱلرَّحْمَـٰنِ ٱلرَّحِيمِ
1 ayah
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 النِّسَاءِ
An-Nisaa (The Women)
بِسْمِ ٱللَّهِ ٱلرَّحْمَـٰنِ ٱلرَّحِيمِ
3 ayahs
۞ 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.
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.
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.

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