Hadith record

3. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from ‘Abd al-Rahman ibn al-Hajjaj and Humayd ibn Ziyad from ibn Sama‘ah from Muhammad ibn abu from ‘Abd al-Rahman ibn al-Hajjaj who has narrated the following: “I once asked abu ‘Abd Allah, Alayhi al-Salam, about the case of a man and a woman on whom a wall falls and they die. He (the Imam) said, ‘The man inherits from the woman and the woman inherits from the man.’ I then said that abu Hanifah has introduced something in it.’ He (the Imam) asked, ‘What has he introduced in it?’ I said that in the case of two non- Arab men who were brothers and had no heirs except their Mawla’ (Master) of whom one had one hundred thousand dirham, which was well known, and the other did not have anything. They embarked on a ship and they were drowned. The one hundred thousand dirham was taken out for distribution. He said that it all must be given to the Mawali of the one who had nothing. He (the Imam) said, ‘I do not deny what he has introduced; it is true and that is how it is.’ He (the Imam) then said, ‘The asset must be given to the Mawali of the one who did not anything . The other brother did not have anything so that the Mawali of the other could inherit anything.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.