ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
1. Ali ibn Ibrahim has narrated from Salih al-Sindiy from Ja‘far ibn Bashir from ‘Abd Allah ibn Bukayr from Husayn al-Raziy who has narrated the following: “I instructed a person to ask abu ‘Abd Allah (a.s.), if the legacy is for the nearest relative or for al-‘Asabah (the relatives from the father’s side only). He (the Imam) said, ‘The legacy is for the nearest relatives and for the mouth of relatives from the father’s side only is dirt (soil).”’
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
2. A number of our people have narrated from Ahmad ibn Muhammad from Sahl ibn Ziyad and Ah ibn Ibrahim has narrated from his father from Ahmad ibn Muhammad from Muhammad ibn Yahya from Ahmad ibn Muhammad ah from ibn Mahbub from Hisham ibn Salim from Yazid al-Kunasiy who has narrated the following: “Abu Ja‘far (a.s.), has said, ‘Your son is more deserving of you than your grandson, and your grandson is more deserving of you than your brother.’ He (the Imam) said, ‘Your brother from your both parents is more deserving of you than your brother from your father only. Your brother from your father is more deserving of you than your brother from your mother only.’ He (the Imam) said, ‘The son of your brother from your father is more deserving of you than your uncle.’ He (the Imam) said, ‘Your uncle from your father’s father and mother is more deserving of you than your uncle from your grandfather only.’ He (the Imam) said, ‘Your uncle who is a brother of your father from his father only is more deserving of you than your uncle who is a brother of your father from his mother only.’ He (the Imam) said, ‘The son of your uncle who is a brother of your father from his both parents is more deserving of you than the son of your uncle who is a brother of your father from his mother only.’ He (the Imam) said, ‘The son of your uncle who is a brother of your father from his father only is more deserving of you than the son of your uncle who is a brother of your father from his mother only.’”
[1]ليس العنوان في بعض النسخ و جعله في المرآة جزءا لباب السابق.ص 76
[2]ليس المراد به التقدّم في الارث بل يرثان معا إجماعا بل المراد اما كثرة النصيب او عدم الرد عليه كما ذهب إليه كثير من الاصحاب و كذا القول فيما سيأتي من العمين و ابن العمين و سيأتي القول فيه ان شاء اللّه تعالى.ص 76
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
3. A number of our people have narrated from Ahmad ibn Muhammad from ibn Mahbub who has said that ibn Bukayr informed me from Zurarah who has narrated the following: “I once heard abu ‘Abd Allah (a.s.), saying about the words of Allah, ‘. . .for everyone We have made Mawali (guardians, heirs) in what the parents and relatives leave behind,’ what is meant thereby are relatives in inheritance, not the benefactors who provide benefits. Thus the more deserving of a deceased is one who is nearest to him as a relative and womb, and the relationship which brings him toward it.’”
[3]قال البيضاوى: اي و لكل تركة جعلنا وراثا يلونها و يحوزونها و« مما ترك» بيان« لكل» مع الفصل بالعامل او و لكل ميت جعلنا وراثا ممّا ترك على ان« من» صلة موالى لانه في معنى الوراث و في ترك ضمير كل و الوالدان و الاقربون استيناف مفسر للموالى و فيه خروج الاولاد فان« الاقربون» لا يتناولهم كما يتناول الوالدين أو و لكل قوم جعلناهم موالى حظ ممّا ترك الوالدان و الاقربون على ان جعلنا موالى صفة كل و الراجع إليه محذوف و على هذا فالجملة من مبتداء و خبر. انتهى و قال في الصحاح: الرحم رحم الأنثى و هي مؤنثة و الرحم أيضا القرابة.( آت)ص 76