What is the interpretation of a bequest made to the testator's 'Itrah' (kinsmen)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
Imam Ahmad had reservation regarding this term. In common understanding, 'Itrah' refers to the closest kin, including male and female descendants, no matter how far removed. This was the interpretation given by Ibn Qutaybah. Evidence for this interpretation is found in the statement of Abu Bakr (may Allah be pleased with him), "We are the 'Itrah' of the Prophet (peace be upon him) and the egg that hatched from him." Thaalab and Ibn al-A'rabi restricted the meaning to children and grandchildren, excluding the broader kin.
Supporting text
The interpretation that includes all close kin is sounder and more common, especially since Abu Bakr's statement concerning this was made in an assembly of the Companions and none objected, establishing its validity among the people of language. Therefore, deviations from this are not to be relied upon.