Hadith 309
۞
5. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from Ali ibn al-Hassan ibn Ribat from ‘Abd Allah ibn Waddah from abu Basir who has narrated the following
“About the case of a woman who leaves behind her husband, her mother and father, abu ‘Abd Allah (a.s.), has said, ‘It is distributed from six shares, one-half, three shares for the husband, one-third, two shares for the mother and one-sixth is for the father.’ “Al-Fadl ibn Shadhan in this issue has said, ‘Of the proof that one-third of the legacy is for the mother is that all who oppose us have not said in this case that the mother receives one-sixth. They have said that mother receives one-third of what remains of the legacy. The remaining of the legacy is one-sixth but they do not allow opposing the words of the book, so they have kept the meaning of the words of the book, but they have opposed its law and it is against Allah and His book. The same is the case with the inheritance of a woman with parents. In this case, the share of the woman is one-fourth, the share of mother is one-third complete and the remaining is for the father. Allah, glorious is whose remembrance, has mentioned this ordained share and in the case before it the share of the woman is one-fourth, the share of husband is one-half, the share of mother is one-third and nothing is mentioned for the father. He has only said, ’His parents inherit him and for the mother is one-third.’ (4:11) The remaining belongs to the father, that is, the remaining of the legacy.’”
5- حُمَيْدُ بْنُ زِيَادٍ عَنِ الْحَسَنِ بْنِ مُحَمَّدِ بْنِ سَمَاعَةَ عَنْ عَلِيِّ بْنِ الْحَسَنِ بْنِ رِبَاطٍ عَنْ عَبْدِ اللهِ بْنِ وَضَّاحٍ عَنْ أَبِي بَصِيرٍ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) فِي امْرَأَةٍ تُوُفِّيَتْ وَتَرَكَتْ زَوْجَهَا وَأُمَّهَا وَأَبَاهَا قَالَ
هِيَ مِنْ سِتَّةِ أَسْهُمٍ لِلزَّوْجِ النِّصْفُ ثَلاثَةُ أَسْهُمٍ وَلِلأمِّ الثُّلُثُ سَهْمَانِ وَلِلأبِ السُّدُسُ سَهْمٌ. قَالَ الْفَضْلُ بْنُ شَاذَانَ فِي هَذِهِ الْمَسْأَلَةِ وَمِنَ الدَّلِيلِ عَلَى أَنَّ لِلأمِّ الثُّلُثَ مِنْ جَمِيعِ الْمَالِ أَنَّ جَمِيعَ مَنْ خَالَفَنَا لَمْ يَقُولُوا فِي هَذِهِ الْفَرِيضَةِ لِلأمِّ السُّدُسُ وَإِنَّمَا قَالُوا لِلأمِّ ثُلُثُ مَا بَقِيَ وَثُلُثُ مَا بَقِيَ هُوَ السُّدُسُ وَلَكِنَّهُمْ لَمْ يَسْتَجِيزُوا أَنْ يُخَالِفُوا لَفْظَ الْكِتَابِ فَأَثْبَتُوا لَفْظَ الْكِتَابِ وَخَالَفُوا حُكْمَهُ وَذَلِكَ خِلافٌ عَلَى اللهِ وَعَلَى كِتَابِهِ وَكَذَلِكَ مِيرَاثُ الْمَرْأَةِ مَعَ الأبَوَيْنِ لِلْمَرْأَةِ الرُّبُعُ وَلِلأمِّ الثُّلُثُ كَامِلا وَمَا بَقِيَ فَلِلأبِ لأنَّ اللهَ جَلَّ ذِكْرُهُ قَدْ سَمَّى فِي هَذِهِ الْفَرِيضَةِ وَفِي الَّتِي قَبْلَهَا لِلْمَرْأَةِ الرُّبُعَ وَلِلزَّوْجِ النِّصْفَ وَلِلأمِّ الثُّلُثَ وَلَمْ يُسَمِّ لِلأبِ شَيْئاً وَإِنَّمَا قَالَ وَوَرِثَهُ أَبَواهُ فَلأمِّهِ الثُّلُثُ وَكَانَ مَا بَقِيَ بَعْدَ ذَهَابِ السِّهَامِ لِلأبِ فَإِنَّمَا يَرِثُ الأبُ مَا بَقِيَ.
Tags
Inheritance
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