Al-Kafi 13370

Translation

Ali Bin Ibrahim, from his father, from Ibn Abu Umeyr and Muhammad Bin Isa, from Yunus, from Umar Bin Azina, from Bukeyr who said, ‘A man came over to Abu Ja’far^asws, so he asked him^asws about a woman who left her husband, and her brothers from her mother, and her sister from her father. So he^asws said: ‘For the husband is the half, being three shares; and from the brothers of her mother is the one-third, being two shares; and for the sister from the father is a one-sixth, being one share’. So the man said to him^asws, ‘But the Obligations (legislated shares of inheritance) of Zayd, and Obligations of the general Muslims, and the judges, are upon other than that, O Abu Ja’far^asws! They are saying that for the sister from the father are three shares, coming from six altered to eight’. So Abu Ja’far^asws said: ‘And do they say this?’ He said, ‘Because Allah^azwj Mighty and Majestic is Saying <span class="ibTxt"><a href="/#/books/quran:4#h176"><a href="/books/quran:4#h176">[4:176]</a></a> (if a man dies (and) he has no son) and he has a sister, she shall have half of what he leaves</span>’. So Abu Ja’far^asws said: ‘So if the sister was a brother?’ He said, ‘So there would be nothing for him except for the sixth’. So Abu Ja’far^asws said to him: ‘So what is the matter with you all reducing the brother and arguing for the sister for the half, because Allah^azwj has Named the half being for her. So if Allah^azwj has Named for a brother the whole, and the whole is more than the half, because the Mighty and Majestic Said for her being the half, and Said for the brother <span class="ibTxt">and he shall be her heir</span>, Meaning of the entirety of her wealth, if <span class="ibTxt">she has no child </span>for her. So you all are not giving anything to those whom Allah^azwj has Made the entirety of it, in some of your Obligations (legislated shares of inheritance), and you all are giving the complete to those whom Allah^azwj has Made the half to be for’. So the man said to him^asws, ‘May Allah^azwj Keep you^asws well! So how come we give the sister, the half, and we do not give anything to the male, even though she may have been a male?’ He^asws said: ‘You are saying with regards to a mother, and a husband, and a brother from the mother, and a sister from the father – the husband is given the half, and the mother (is given) the sixth, and the brother from the mother (is given) the third, and the sister from the father (is given) the half three, so you make these from nine (portions), and this is from six, so you raise it to nine’. He^asws said, ‘It is like that which you are saying’. He said: ‘So if the sister was a brother from the father?’ He^asws said: ‘There would be nothing for him’. So the man said to Abu Ja’far^asws, ‘May Allah^azwj Make me to be sacrificed for you^asws! So what are you^asws saying?’ So he^asws said: ‘There is not for the brothers from the father and the mother, nor for the brothers from the mother, nor for the brother from the father, along with the mother, anything’. Umar Bin Azina said, ‘And I heard it from Muhammad Bin Muslim narrating it similar to what Bukeyr mentioned, the meaning, only that I did not memorise it by its words and its detail, except for its meaning’. He said, ‘So I mentioned that to Zurara, so he said, ‘True, by Allah^azwj it is the truth!’.

Provided for research and educational purposes. Original source: Thaqalayn Project. Open License.