La Part des Enfants dans l'Héritage

3. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Ahmad ibn Muhammad from Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ibn Abi ‘Umayr from Jamil ibn Darraj from Salmah ibn Muhriz who has narrated the following: “I once said to abu ‘Abd Allah (a.s.), that an Armani man has died and has made a will to me. He (the Imam) asked, ‘What is Armaniy?’ I replied, ‘He is a Nabatiy from Nabatiy people of mountains who has died. He has made a will to me about his legacy and has left behind his daughter.’ He (the Imam) said to me, ‘Give her one-half.’ I then informed Zurarah about it and he said, ‘He (the Imam) has been protective ( taqiyah ) of you, otherwise, all the legacy belongs to the daughter.’ He (the narrator) has said that I then visited him (the Imam) afterwards and said, ‘I pray to Allah to keep you well, our people think that you have been protective with me.’ He (the Imam) said, ‘No, by Allah I have not been protective of you, but I have been protective against you to be held responsible; has anyone had any knowledge of it?’ I replied, ‘No, no one knows.’ He (the Imam) said, ‘Give her the rest of her legacy.’”

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4. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from ‘Abd Allah ibn Khidash al-Minqariy who has narrated the following: “I once asked abu al-Hassan (a.s.), about the case of a man who dies and leaves behind his daughter and his brother. He (the Imam) said, ‘The legacy belongs to his daughter.’”

La richesse revient à la fille.

5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and a number of our people have narrated from Sahl ibn Ziyad all from ibn Mahbub from ibn Ri’ab from Zurarah who has narrated the following: “About the case of a man who dies and leaves behind his daughter and his sister from his father and mother, he (the Imam) said, ‘The legacy belongs to his daughter and there is nothing for the sister from his father and mother.’”

Un homme est décédé en laissant sa fille et sa sœur du côté paternel et maternel. Les biens reviennent à la fille et non à la sœur du côté du père et de la mère.

6. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from al-Qasim ibn Muhammad ibn ‘Urwah from Burayd al- ‘ Ij liy who has narrated the following: “I once asked abu Ja’far (a.s.), about the case of a man who dies and leaves behind his daughter and uncle. He (the Imam) said, ‘The legacy belongs to his daughter and there is nothing for the uncle, aunt’, or that he (the Imam) said, ‘There is nothing for the uncle with the existence of the daughter.’”

J'ai dit à Abī Ja'far (que la paix soit sur lui) : "Un homme est décédé en laissant sa fille et son oncle." Il a répondu : "Les biens reviennent à la fille, et il n'y a rien pour l'oncle, ou il n'y a rien pour l'oncle en présence de la fille."

7. Humayd ibn Ziyad has narrated from al-Husayn ibn Muhammad ibn Sama‘ah from ‘Abd Alfah ibn Jabalah from ‘Abd Alfah ibn Bukayr from Hamzah ibn Humran from ‘Abd ai-Hamid af-Ta”iy from ‘Abd Affah ibn Muhriz Bayya‘ ai-Qaianisiy who has narrated the foiiowing: “A man made a will about five hundred dirhams or six hundred dirhams, leaving behind his daughter, and told me that his paternal relatives are in Sham. I asked abu ‘Abd Allah (a.s.), about it and he (the Imam) said, ‘Give one-half to his daughter and the other half to his paternal relatives.’ When I returned to al-Kufah, I told our people about it and they said that he (the Imam) has said so because of taqiyah (fear). I then gave the other half to his daughter; then I went for al-Hajj and visited abu ‘Abd Allah (a.s.). I informed him (the Imam) about what our people had said and that I have given the other half also to his daughter. He (the Imam) said, ‘You have done good. I gave the fatwa that I did because of fear for you from the paternal relatives.’”

Un homme a recommandé à un autre homme de donner une partie de son héritage à sa fille et l'autre partie à un groupe de parents. Après avoir suivi ce conseil, il a été confirmé par Abu Abdullah que sa décision était juste par crainte des réactions du groupe de parents.

8. Afi ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from ‘Umar ibn ’Udhaynah from ‘Abd Allah ibn Muhriz who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who dies and leaves behind his daughter and his sister from his mother and father. He (the Imam) said, ‘The legacy belongs to his daughter and there is nothing for his sister from his mother and father.’”

Un homme demanda : "Un homme a laissé sa fille et sa sœur à leur père et leur mère." Il répondit : "Toute la richesse revient à la fille, et il n'y a rien pour la sœur de la part du père et de la mère."

9. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad al-Kindiy from Ahmad ibn al-Hassan al-Mithamiy from Aban ibn ‘Uthman from ‘Abd Allah ibn Muhriz who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who made a will to me and died, leaving behind his daughter. He (the Imam) said, ‘Give one-half to his daughter and leave the other half for al-Mawali (friends, guardians or masters).’ I then returned to our people and they said, ‘No, by Allah, there is nothing for al-Mawali.’ I went back to him (the Imam) and informed him that our people say, ‘There is nothing for al-Mawali. He (the Imam) has said so because of fear (taqiyah).’ He (the Imam) said, ‘No, by Allah, I did not do so because of fear ( taqiyah ) but I was afraid for you that you will be asked about one-half. If you are not afraid; give the other half also to his daughter and Allah will relieve you of the burden.’”

J'ai demandé à Abu Abdullah (sur lui la paix) au sujet d'un homme qui m'a fait une recommandation, puis est décédé en laissant une fille. Il a répondu: Donne à la fille la moitié et laisse l'autre moitié aux héritiers. Je suis retourné et nos compagnons ont dit: Non, par Allah, les héritiers n'ont aucun droit. Je suis retourné le voir à nouveau et lui ai dit que nos compagnons disaient que les héritiers n'ont aucun droit, mais qu'ils te craignent. Il a répondu: Non, par Allah, ils ne te craignent pas, mais ils craignent que tu sois tenu responsable de la moitié. Si tu n'as pas peur, donne l'autre moitié à la fille, car Allah te protègera.