Hadith 3412

(1) The statement: Your mother and your father: This indicates that the mother is more entitled to good companionship than the father and takes precedence over him in kindness when the son’s wealth is insufficient for both, as held by the majority, as narrated by Al-Qadi Iyad. He said: The majority held that the mother is preferred in kindness over the father, while some said they are equal, as narrated from Malik and some Shafi’is. Al-Harith Al-Muhasibi narrated consensus on preferring the mother over the father. [Nayl Al-Awtar]

(2) The statement: Your sister and your brother, then the nearest: This indicates the obligation of maintenance for every relative with a prohibited degree of kinship. It is stated in Sharh Al-Wiqayah: Maintenance for every minor relative with a prohibited degree of kinship who is poor, or an adult female who is poor, or a male who is disabled or blind, is according to inheritance, and he is compelled to provide it. The eligibility for inheritance is considered, not its actuality. This is because maintenance for these is obligatory due to Allah’s statement: And upon the heir is the like of that [Al-Baqarah: 233], so it should only be obligatory based on inheritance. He said: The consideration is eligibility for inheritance, not its actuality, as the actuality of inheritance is only known after death. If someone has a maternal uncle and a cousin, the cousin may die, and the inheritance goes to the uncle, so proximity with eligibility for inheritance is considered. It is stated in Umdat Ar-Ri’ayah: The statement: Maintenance for every relative with a prohibited degree of kinship, etc., is connected to the statement: Maintenance for his ascendants, meaning upon a wealthy person with natural wealth is the maintenance of every relative with a prohibited degree of kinship, meaning a relative whose marriage is permanently forbidden. This specifies that maintenance is not obligatory for a non-prohibited relative, like a cousin, nor for a prohibited non-relative, like the wife’s mother or a foster brother. [Binayah] It is stated in Rahmat Al-Ummah: They differed on whether the heir is compelled to provide maintenance for those he inherits by fixed shares or agnation. Abu Hanifah said: He is compelled to provide maintenance for every relative with a prohibited degree of kinship, including the maternal aunt and paternal aunt, but excluding the cousin and those related by fosterage. Malik said: Maintenance is only obligatory for the closest parents and direct children. Ash-Shafi’i said: Maintenance is obligatory for the father, however high, and the son, however low, and does not extend beyond the direct line. Ahmad said: For every two people between whom inheritance flows by fixed shares or agnation from both sides, maintenance is obligatory on the other, such as parents, siblings’ children, uncles, and their children in one narration. If inheritance flows from one side, like relatives with kinship, such as a nephew with his aunt or a cousin with his cousin’s daughter, there are two narrations from Ahmad.