Sunan Ibn Majah, Chapter: The Chapters on Shares of Inheritance

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From: Sunan Ibn Majah
Chapter No. 26, The Chapters on Shares of Inheritance
Hadith No: 2732
Narrated/Authority of Amr bin Shuaib
from his father, that his grandfather said: "Rabab bin Hudhaifah (bin Said) bin Sahm married Umm Wail bint Mamar Al-Jumahiyyah, and she bore him three sons. Their mother died and her sons inherited her houses and the Wala of her freed slaves. Amr bin As took them out to Sham, and they died of the plague of Amwas. Amr inherited from them, and he was their Asabah. When Amr came back, Banu Mamar came to him and they referred their dispute with him concerning the Wala of their sister to Umar. Umar said: 'I will judge between you according to what I heard from the Messenger of Allah (saw). I heard him say: "What the son or father acquires goes to his Asabah, no matter who they are.'" So he ruled in our favour and wrote a document to that effect, in which was the testimony of Abdur-Rahman bin Awf, Zaid bin Thabit and someone else. Then when Abdul-Malik bin Marwan was appointed caliph, a freed slave of hers (Umm Wail's) died, leaving behind two thousand Dinar. I heard that that ruling had been changed, so they referred the dispute to Hisham bin Ismail. We referred the matter to Abdul-Malik, and brought him the document of Umar. He said: 'I thought that this was a ruling concerning which there was no doubt. I never thought that the people of Al-Madinah would reach such a state that they would doubt this ruling. So he ruled in our favour, and it remained like that afterwards." Hasan

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