Man Lā Yaḥḍuruh al-Faqīh

Hadith 750
inheritance
5709 - وَ رَوَى اِبْنُ أَبِي نَصْرٍ عَنْ حَمَّادٍ عَنْ إِسْحَاقَ بْنِ عَمَّارٍ قَالَ : سَأَلْتُهُ عَنْ رَجُلٍ مَاتَ وَ تَرَكَ وُلْداً وَ كَانَ بَعْضُهُمْ غَائِباً لاَ يُدْرَى أَيْنَ هُوَ قَالَ "يُقْسَمُ مِيرَاثُهُ وَ يُعْزَلُ لِلْغَائِبِ نَصِيبُهُ" قُلْتُ فَعَلَيْهِ اَلزَّكَاةُ قَالَ "لاَ حَتَّى يَقْدَمَ فَيَقْبِضَهُ وَ يَحُولَ عَلَيْهِ اَلْحَوْلُ" قُلْتُ فَإِنْ كَانَ لاَ يُدْرَى أَيْنَ هُوَ قَالَ "إِنْ كَانَ اَلْوَرَثَةُ مِلاَءً اِقْتَسَمُوا مِيرَاثَهُ فَإِنْ جَاءَ رَدُّوهُ عَلَيْهِ".
Hadith.5709 - Ibn Abi Nasr narrated from Hammad from Ishaq ibn Ammar who said: I asked Imam (as) about a man who died and left behind children, some of whom were absent and their whereabouts were unknown. Imam (as) said: "Inheritance should be divided, and the share of the absent one will be set aside." I asked: "Is zakat due on it?" Imam (as) said: "No, not until he returns, takes possession of it, and a full year passes over it." I asked: "What if his whereabouts are completely unknown?" Imam (as) said: "If the remaining heirs are financially well-off, they may divide the inheritance. If he returns, they must restore his share to him."
Source: Shaykh Muḥammad b. ʿAlī al-Ṣaduq

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