Hadithcore
Sahih al-Bukhari, 1588
sahih

Narrated 'Usama bin Zaid:

I asked, "O Allah's Messenger (ﷺ) ! Where will you stay in Mecca? Will you stay in your house in Mecca?" He replied, "Has `Aqil left any property or house?" `Aqil along with Talib had inherited the property of Abu Talib. Jafar and `Ali did not inherit anything as they were Muslims and the other two were non-believers. `Umar bin Al-Khattab used to say, "A believer cannot inherit (anything from an) infidel." Ibn Shihab, (a sub-narrator) said, "They (`Umar and others) derived the above verdict from Allah's Statement: "Verily! those who believed and Emigrated and strove with their life And property in Allah's Cause, And those who helped (the emigrants) And gave them their places to live in, These are (all) allies to one another." (8:72)

حَدَّثَنَا أَصْبَغُ، قَالَ أَخْبَرَنِي ابْنُ وَهْبٍ، عَنْ يُونُسَ، عَنِ ابْنِ شِهَابٍ، عَنْ عَلِيِّ بْنِ حُسَيْنٍ، عَنْ عَمْرِو بْنِ عُثْمَانَ، عَنْ أُسَامَةَ بْنِ زَيْدٍ ـ رضى الله عنهما ـ أَنَّهُ قَالَ يَا رَسُولَ اللَّهِ، أَيْنَ تَنْزِلُ فِي دَارِكَ بِمَكَّةَ‏.‏ فَقَالَ ‏

‏ وَهَلْ تَرَكَ عَقِيلٌ مِنْ رِبَاعٍ أَوْ دُورٍ ‏

‏‏.‏ وَكَانَ عَقِيلٌ وَرِثَ أَبَا طَالِبٍ هُوَ وَطَالِبٌ وَلَمْ يَرِثْهُ جَعْفَرٌ وَلاَ عَلِيٌّ ـ رضى الله عنهما ـ شَيْئًا لأَنَّهُمَا كَانَا مُسْلِمَيْنِ، وَكَانَ عَقِيلٌ وَطَالِبٌ كَافِرَيْنِ، فَكَانَ عُمَرُ بْنُ الْخَطَّابِ ـ رضى الله عنه ـ يَقُولُ لاَ يَرِثُ الْمُؤْمِنُ الْكَافِرَ‏.‏ قَالَ ابْنُ شِهَابٍ وَكَانُوا يَتَأَوَّلُونَ قَوْلَ اللَّهِ تَعَالَى ‏{‏إِنَّ الَّذِينَ آمَنُوا وَهَاجَرُوا وَجَاهَدُوا بِأَمْوَالِهِمْ وَأَنْفُسِهِمْ فِي سَبِيلِ اللَّهِ وَالَّذِينَ آوَوْا وَنَصَرُوا أُولَئِكَ بَعْضُهُمْ أَوْلِيَاءُ بَعْضٍ‏}‏ الآيَةَ‏.‏

Isnad

7 transmitters
  1. 1Asbgh bin al-Frj bin Sa'idEgypt · d. 225 AH
  2. 2'Abdullah bin WahbEgypt · d. 197 AH
  3. 3Yonus bin Yazid bin Abi al-Nijadd. 160 AH
  4. 4al-ZuhriMedinah/Syria · d. 124 AH/741 CE
  5. 5'Ali bin al-Husain bin 'AliMedina · d. 93 AH
  6. 6'Amr bin 'UthmanMedinah
  7. 7Usamah ibn ZaydMakkah/Medinah · d. 54 AH/663 CE
References2 variants
In-Book Reference
Book 25, Hadith 74
USC-MSA web (English) reference
Vol. 2, Book 26, Hadith 658 (deprecated numbering scheme)
Sharh · explanationclick to expand
The Prophet ﷺhas set himself as a perfect example for us in all acts of worship, dealing, and transactions, including the application of the provisions of inheritance between a Muslim and a disbeliever. He ﷺclarified that Muslims cannot inherit their disbelieving relatives. In this hadeeth, Usaamah ibn Zayd (may Allah be pleased with him) reports that he asked the Messenger of Allah (ﷺ)at the conquest of Makkah in the eighth year of the Hijrah about which of his homes in Makkah that he left before his emigration to al-Madeenah. The Prophet ﷺexplained to him that he is not entitled to any of the properties that belonged to Aboo Taalib or any other of his relatives in Makkah because a believer cannot inherit an infidel. The narrator – perhaps Usaamah (may Allah be pleased with him) – has explained the meaning of his statement. He mentioned that when Aboo Taalib, the uncle of the Prophet ﷺdied, his two sons inherited his wealth: ‘Aqeel and Taalib, and they both took over all his property comprising of several houses, while Ja’far and ‘Alee, the two believing men did not inherit from him. If they were the heirs, then the Prophet ﷺwould have stayed in their houses as they would be as if they are his properties because he knew that they (Ja’far and ‘Alee) preferred him to themselves. ‘Umar bin Al-Khattaab (may Allah be pleased with him) used to say, “A believer cannot inherit from a disbeliever.” i.e., he made this statement based on the words of the Prophet ﷺwho confirmed that ‘Alee and Ja’far (may Allah be pleased with them) did not inherit from Abu Talib. Ibn Shihaab al-Zuhree commented on this by saying, “They used to adopt this view based on their interpretation of the following Statement of Allah, {Those who believe and have emigrated and struggled with their wealth and themselves in the path of Allah and those who sheltered and helped, those, some of whom are allies of others.} [Quran 8:72]. They interpreted alliance in this ayah to mean the entitlement to inheritance. The ayah goes to read: {But those who believed and did not emigrate - for you there is no support of them until they emigrate. And if they seek help from you for the religion, then you must help, except against a people between yourselves and whom is a treaty. And Allah is Seeing of what you do.And those who disbelieved are allies of one another. If you do not do so [i.e., ally yourselves with other believers], there will be fitnah [i.e., disbelief and oppression] on earth and great corruption. [Quran 8:72-73]. The meaning of this is that those who believed in Allah but did not emigrate from the lands of disbelief to the lands of Islam, you do not have to - O believers - help them, and protect them, until they emigrate in the path of Allah. However, if the disbelievers wronged them, then they demanded help from you; then, aid them against their enemy, unless there is a covenant between you and the enemy which they have not broken. Allah is watchful of the acts that you do, nothing of your deeds is hidden from Him and He will reward you for them. As for those who disbelieve, disbelief brings them all together and thus aid each other. With that said, no believer may not ally with them, and if the Muslims do not ally with the believers and hate the disbelievers, then there will be strife for the believers, wherein they will not find anyone from their brethren who can help them in religion. Even worse, a great corruption on earth will ensue by preventing people from the path of Allah. From the benefits that we can conclude from this hadeeth is learning that it is permissible to allow the houses and property of Makkah to be inherited. .
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