The science of inheritance shares

علم الفرائض

The science of inheritance shares, anchored in the forty-third hadith — the first of Ibn Rajab's additions — as the text that gathers the rulings of succession: 'give the fixed shares to their people; whatever the shares leave over goes to the nearest male' — so those named for fixed portions in the Book take them first, then the nearest male agnate claims the residue, on the view of a group of imams including Ahmad and Ishaq; upon it turns the dispute of the sister alongside the daughter — Ibn Abbas's and the Zahiris' position that she inherits the residue by agnation versus the majority of Umar, Ali, A'isha, Zayd, Ibn Masud and Mu'adh that she is residuayer with her — and to the hadith attach further the controversy over the distant kindred's share and the sense of 'a male man' (Jami' al-Ulum wal-Hikam pp. 846–847).

Depth

At a glance

Era
The Prophetic Era
Region
Global / Diaspora
Review
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Law and courts

Overview

Ilm al-faraid is the science of inheritance. Ibn Rajab counts the forty-third hadith, the first of his additions to the Forty, as containing the rulings of inheritance: "Give the shares to their people, and what the shares leave, then to the nearest male." 1

The meaning of the hadith

Those with prescribed shares take their shares first. Then what remains goes to the nearest male agnate. This is the view of a group of imams, among them Ahmad and Ishaq. 1

Disagreement about the sister with a daughter

The view of Ibn Abbas and the Zahiris is that a sister becomes an agnate and takes what remains. The view of the majority, among them Umar, Ali, Aisha, Zayd, Ibn Mas'ud, and Mu'adh, is that she is an agnate together with another. 1

The hadith also bears on the disagreement over inheriting by the kindred (dhawu al-arham), and on the meaning of "a male man." What is not recorded here: the details of these questions. It needs a further source.

Connections

Explore the connections

Based on
Arba'un 43 — give the fixed shares to their people
Has part
Kalala (collateral heirs)· Gradual dispersal of property (al-tafattut al-insiyabi)· Bequest (wasiyya)· Women's inheritance

People and things also explored

Abdullah ibn Abbas· Kalala (collateral heirs)· Gradual dispersal of property (al-tafattut al-insiyabi)· Bequest (wasiyya)· Women's inheritance· Arba'un 43 — give the fixed shares to their people· Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict

Sources

  1. Jami' al-Ulum wal-Hikam — Ibn Rajab al-Hanbali , p.846-847
Cite this page

islam.museum contributors. “The science of inheritance shares”. islam.museum, https://islam.museum/en/concept/ilm-al-faraid/. CC BY-SA 4.0. Last updated 2026-10-16.

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Related

Abdullah ibn Abbas

The Prophet's young cousin who grew up in Medina and became the tradition's founding authority on the interpretation of the Qur'an — remembered as the father of tafsir.