وَ رَوَى الْفَضْلُ بْنُ شَاذَانَ عَنْ مُحَمَّدِ بْنِ يَحْيَى عَنْ عَلِيِّ بْنِ عَبْدِ اللَّهِ عَنْ يَعْقُوبَ بْنِ إِبْرَاهِيمَ بْنِ سَعْدٍ عَنْ أَبِيهِ قَالَ
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حَدَّثَنِي أَبِي عَنْ مُحَمَّدِ بْنِ إِسْحَاقَ قَالَ
Read English translationHide English translationBab Ul Qaim Publications — attributed by Thaqalayn
Hadith.5602 - Al-Fadl ibn Shadhan narrated from Muhammad ibn Yahya, from Ali ibn Abdullah, from Yaqub ibn Ibrahim ibn Sad, from his father, who said: My father narrated to me from Muhammad ibn Ishaq, who said: Al-Zuhri narrated from Ubaydullah ibn Abdullah ibn Utbah, who said: I sat with Ibn Abbas, and the topic of inheritance shares was brought up. Ibn Abbas said: "Glory be to Allah (swt) the Almighty! Do you think that the One who has counted the grains of the sand of Alij (a vast desert) made the shares of inheritance such that they consist of a half, a half, and a third? These two halves already consume the entire estate, so where is the share for the third?" Zufar ibn Aws Al-Basri said to him: "O' Ibn Abbas, who was the first to adjust the shares of inheritance (awl, proportional reduction)?" Ibn Abbas replied: "It was Ruma when the inheritance shares became entangled with each other and some shares began to clash with others." Ibn Abbas said: "By Allah (swt), I do not know whom Allah (swt) has given precedence to and whom He (swt) has delayed. I find nothing more appropriate than dividing this wealth according to the prescribed shares, so that each person entitled receives their due, and the effect of the adjustment (awl) of the inheritance falls upon them accordingly. By Allah (swt), if those whom Allah (swt) has given precedence were given precedence, and those whom Allah (swt) has delayed were delayed, no inheritance share would ever be reduced." Zufar ibn Aws asked him: "Who are those whom Allah (swt) has given precedence and those whom He has delayed?" Ibn Abbas replied: "Every share that Allah (swt), the Mighty and Majestic, has not reduced except to another obligatory share is what Allah (swt) has given precedence. As for what Allah (swt) has delayed, it is any share that, when displaced from its original allocation, receives only what remains. These are those whom Allah (swt) has delayed. For example, the husband is entitled to half, but if there are additional heirs that reduce his share, it decreases to one-fourth, and nothing can further reduce it. The wife is entitled to one-fourth, and if her share is reduced, it becomes one-eighth, with nothing further reducing it. The mother is entitled to one-third, but if her share is reduced, it becomes one-sixth, which cannot be further reduced. These are the shares that Allah (swt) has given precedence. As for those whom Allah (swt) has delayed, they include the shares of daughters and sisters. A single daughter or sister receives half, and if they are two or more, they receive two-thirds. However, if other heirs with higher precedence exist, they only receive what remains, and that is what Allah (swt) has delayed. Thus, when the shares given precedence and those delayed are combined, the shares that Allah (swt) has given precedence are distributed first in full. If anything remains, it is given to those whom Allah (swt) has delayed, but if nothing remains, they receive nothing." Zufar ibn Aws asked him: "What prevented you from suggesting this opinion to Ruma?" Ibn Abbas replied: "I was in awe of him." Al-Zuhri then said: "By Allah (swt), if it were not for the fact that a just and pious leader had preceded him and established his ruling with prudence, Ibn Abbas would not have had any disagreement from the scholars on this matter."
Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.
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[2]طريق الصدوق الى الفضل بن شاذان قوىّ و الفضل بن شاذان النيشابورى متكلم فقيه جليل، له كتب و مصنّفات يبلغ عددها مائة و ثمانين كتابا، و هو يروى هذا الحديث عن محمّد بن يحيى بن عبد اللّه الذهلى العامى النيشابورى، نقل ابن حجر عن أبي محمّد بن أبي الجارود عن محمّد بن أحمد بن الجراح الجوزجانى يقول: دخلت على أحمد فقال لي: تريد البصرة قلت: نعم، قال: فاذا أتيتها فالزم محمّد بن يحيى فليكن سماعك منه فانى ما رأيت خراسانيا- أو قال: ما رأيت أحدا- أعلم بحديث الزهرى منه و لا أصح كتابا منه، و أمّا على ابن عبد اللّه فهو أبو الحسن عليّ بن عبد اللّه بن جعفر بن نجيح السعدى مولاهم يكنى ابن المديني بصرى قال أبو حاتم الرازيّ: كان عليّ بن عبد اللّه علما في الناس في معرفة الحديث و العلل و كان أحمد لا يسميه انما يكنّيه اجلالا له. و أمّا يعقوب بن إبراهيم بن سعد فهو من أحفاد الزهرى المعروف، و ثقة ابن معين و العجليّ و ابن حبّان، و أبوه إبراهيم بن سعد ثقة أيضا قال أحمد:ص 255