ভূমিকা

Shiavault - a Vault of Shia Islamic Books Al-nass Wel-ijtihad (Part 4) Part 4 Uncles inheritance from his sisters son Saeed bin Mansoor mentioned in his Sunan: Once a man recognized his sister, who had been taken captive in the pre-Islamic period. He found her with a son but he had not known who the father of the son was. He bought them both and set them free (for they were as slaves). The son (when he grew up) gained some wealth and then he died.

The uncle came to ibn Massood and told him the matter. Ibn Massood asked him to go to Umar and then to come back to tell him what Umar would say. He went to Umar and told him his matter. Umar said to him: He (the nephew) is not your relative and he is not included in the verdicts of inheritance. Umar refused to let the man inherit his nephew. The uncle went back to ibn Massood and told him what Umar had said.

Ibn Massood came with the man to Umar and said to him: How did you give this fatwa to this man? Umar said: I have not found him as one of his blood relations nor has he been among those who have deserved inheritance; therefore I have not permitted him to inherit that young man. What do you think, O Abu Abdullah?

Ibn Massood said: I see him as a kin (for being his uncle) and a benefactor (for he has set his nephew free from being as a slave) and so I see that he has the right to inherit his nephew. And then Umar annulled his first judgment and permitted the man to inherit his nephew. This event has been mentioned by al-Muttaqi al-Hindi in his Kanzol Ummal, vol. 6 p.8. This fatwa would have been true if the mother had died before her son.

Iddah of a pregnant woman Al-Bayhaqi mentioned in his book Shuab al-Eeman that once a pregnant woman had asked Umar for a legal judgment saying to him: I have given birth to my child after the death of my husband and before the end of my iddah.

He asked her to wait until the end of the longest one of the two terms of iddah.[1] Ubayy bin Kab objected to Umar at the presence of the woman and said to him that her iddah had ended since she had given birth to her child and he permitted her to get married before the end of the four months and ten days (of [1] Four months and ten days. the iddah). Umar said nothing to the woman save this statement: I am hearing what you are hearing[1] and he gave up his fatwa.