حمزة

I asked Imam (as) about my neighbor who passed away and left behind daughters. Imam (as) replied: "The wealth belongs to them."

“I once asked abu ’Abd Allah (a.s.), about Kalalah. He (the Imam) said, ‘One who is not a son or a father.’”

“Abu ‘ Abd Allah (a.s.), has said, ‘Two people of whom one has killed the other cannot inherit each other.’”

“About the case of a man who dies and certain ones of his heirs confirm his indebtedness to a man, abu ‘Abd Allah (a.s.), has said, ‘It becomes binding upon them on their shares.’”

"They have the greater right to his inheritance. If they wish, they may use it for themselves, and if they wish, they may perform Hajj on his behalf."

“About the case of a man who dies and a certain one of his heir confirms his owing a certain amount. He (the Imam) said, ‘It become binding and applicable to his share in the legacy.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who dies and leaves behind his father, his uncle and grandfather. He (the Imam) said, ‘The father bars the grandfather. The legacy belongs to the father and there is nothing for the uncle and grandfather.’”

The entire legacy belongs to him (the husband) if no other heirs exist.’” It is narrated from the narrator of the previous Hadith from ‘Abd Allah ibn Jabalah from Ali ibn abu Hamzah from abu Basir a similar Hadith.

“I once asked abu ‘ Abd Allah (a.s.), ’Who inherited the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause?’ He (the Imam) said, ’Fatimah, ‘Alayha al-Salam, inherited his household assets and all that belonged to him (the Messenger of Allah).”’

“Abu Ja‘far (a.s.), once read for me (from the book) on the issue of ordained shares of inheritance the following: ‘A woman dies and leaves behind her husband,’ he (the Imam) said, ‘The entire legacy belongs to him. If a man dies and leaves behind his wife, he (the Imam) said that one- fourth belongs to her and the rest belongs to the Imam.’”

“Abu ‘Abd Allah (a.s.), has said, ‘When a mawla of Hamzah ibn ‘Abd al-Muttalib died, the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, gave his legacy to the daughter of Hamzah.’” Al-Hassan has said that this proves that the mawla did not have any daughter as al-‘A’ammah narrate, and that women also inherit guardianship contrary to what al-‘A’ammah narrate.

“Abu Ja’far (a.s.), has said that Ali (a.s.), once issued a judgment. It was in the case of those who became Muslims and the legacy of pagans, which was not distributed before his becoming a Muslim. It gave men and women their shares according to the book of Allah, most Majestic, most Glorious, and the Sunnah of His Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause.’”

“Once Muhammad ibn Hamzah al-‘Alawiy wrote to abu Ja‘far, al-Thaniy (a.s.), and asked, ‘One of your Mawla made a will to me about a hundred dirham and I heard him say, ‘Everything that belongs to me is for my Mawla.’ He died and left it but did not instruct to give anything from it. He has two women of whom one is in Baghdad whose address I do not know at this time and the other is in Qum; so what do you command me about the one hundred dirham?’ He (the Imam) wrote to him saying, ‘Find out how you can give from these dirham to the two wives of the man. Their rights in it is one-eighth if he has left any children but if he has not left any children, then it is one-fourth; and give the rest as charity to whomever you know is needy and deserving of charity, by the will of Allah.’”

“A man made a will about five hundred dirhams or six hundred dirhams, leaving behind his daughter, and told me that his paternal relatives are in the Levant. I asked Abu ‘Abd Allah (a.s.), about it and he (the Imam) said, ‘Give one-half to his daughter and the other half to his paternal relatives.’ When I returned to al-Kufah, I told our people about it and they said that he (the Imam) has said so because of taqiyyah (fear). I then gave the other half to his daughter; then I went for al-Hajj and visited Abu ‘Abd Allah (a.s.). I informed him (the Imam) about what our people had said and that I have given the other half also to his daughter. He (the Imam) said, ‘You have done good. I gave the fatwa that I did because of fear for you from the paternal relatives.’”

“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.’”