Wednesday, 16 December 2015

Deduction of Umar regarding the grandfather

In his Sunan, Darami has narrated from Shobi that the first grandfather, who got inheritance, was Umar, as he obtained all the property.

At that time Ali (a.s.) and Zaid objected to him saying that all of it was not his share as he should inherit like one of the two brothers (which is the second rank of inheritance).
(Sunan Darami, 2:354)

It is narrated from Saeed bin Musayyab that Umar said: I asked the Messenger of Allah (s.a.w.a.) about inheritance of grandfather.

The Prophet (s.a.w.a.) said: “Why do you ask me about this again and again, I am afraid that you would die, before you know this.” Saeed bin Musayyab said:

“Umar died before he could understand this issue.”
( Mojamul Awsat, Tibrani [15/135, H. 3914])

In Sunanul Kubra Baihaqi has also narrated from Ubaidah: “I remember a hundred incidents about Umar, in which he committed errors regarding inheritance of grandfather.”
(Sunanul Kubraa, 6:245)

In Sharh Nahjul Balagha, Ibne Abil Hadeed says: Umar often delivered a judgment and after that contradicted himself and delivered a verdict against it. Regarding inheritance of grandfather with the brother he issued varied laws, then he feared delivering a judgment regarding this and said: “One who wants to fall into the pit of Hell should express his personal opinion regarding inheritance of grandfather.”
(Sharh Nahjul Balagha, I:61 [1/181, Sermon 3])

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