| MuwataMalik-017-001-35143 | | Yahya related to me from Malik that he had heard that Sulayman Ibn Yasar said; Umar Ibn AlKhattab; Uthman Ibn Affan; andZayd Ibn Thabit gave the grandfather a third with full siblings. Malik said; The generally agreed on way of doing things among us and what I have seen the people of knowledge in our city doing is that the paternal grandfather does not inherit anything at all with the father. He is given a sixth as a fixed share with the son and the grandson through a son. Other than that; when the deceased does not leave a mother or a paternal aunt; one begins with whoever has a fixed share; and they are given their shares. If there is a sixth of the property left over; the grandfather is given a sixth as a fixed share. Malik said; When someone shares with the grandfather and the full siblings in a specified share; one begins with whoever shares with them of the people of fixed shares. They are given their shares. What is left over after that belongs to the grandfather and the full siblings. Then one sees which is the more favourable of two alternatives for the portion of the grandfather. Either a third is allotted to him and the siblings to divide between them; and he gets a share as if he were one of the siblings; or else he takes a sixth from all the capital. Whichever is the best portion for the grandfather is given to him. What is left after that; goes to the full siblings. The male gets the portion of two females except in one particular case. The division in this case is different from the preceding one. This case is when a woman dies and leaves a husband; mother; full sister and grandfather. The husband gets a half; the mother gets a third; the grandfather gets a sixth; and the full sister gets a half. The sixth of the grandfather and the half of the sister are joined and divided into thirds. The male gets the share of two females. Therefore; the grandfather has two thirds; and the sister has one third. Malik said; The inheritance of the half-siblings by the father with the grandfather when there are no full siblings with them; is like the inheritance of the full siblings in the same situation. The males are the same as their males and the females are the same as their females. When there are both full siblings and half-siblings by the father; the full siblings include in their number the number of half-siblings by the father; to limit the inheritance of the grandfather; i.e.; if there was only one full sibling with the grandfather. They would share; after the allotting of the fixed shares; the remainder of the inheritance between them equally. If there were also two half-siblings by the father; their number is added to the division of the sum; which would then be divided four ways. A quarter going to the grandfather and three-quarters going to the full siblings who annex the shares technically allotted to the half-siblings by the father. They do not include the number of half-siblings by the mother; because if there were only half-siblings by the father they would not inherit anything with the grandfather and all the capital would belong to the grandfather; and so the siblings would not get anything after the portion of the grandfather. It belongs to the full siblings more than the half-siblings by the father; and the half-siblings by the father do not get anything with them unless the full siblings consist of one sister. If there is one full sister; she includes the grandfather with the half-siblings by her father in the division; however many. Whatever remains for her and these half-siblings by the father goes to her rather than them until she has had her complete share; which is half of the total capital. If there is surplus beyond half of all the capital in what she and the half-siblings by the father acquire it goes to them. The male has the portion of two females. If there is nothing left over; they get nothing. | The Chapter on Inheritance And Shares in HodHood Indexing, The Book of Hudud in Muwata Malik |
| MuwataMalik-017-001-35144 | | Yahya related to me from Malik from Ibn Shihab from Uthman Ibn Ishaq Ibn Kharasha that Qabisa Ibn Dhuayb said; A grandmother came to Abu Bakr AlSiddiq and asked him for her inheritance. Abu Bakr said to her; You have nothing in the Book of Allah; and I do not know that you have anything in the sunna of the Messenger of Allah; may Allah bless him and grant him peace. Go away therefore; until I have questioned the people. i.e.the Companions. He questioned the people; and AlMughira Ibn Shuba said; I was present with the Messenger of Allah; may Allah bless him and grant him peace; when he gave the grandmother a sixth. Abu Bakr said; Was there anybody else with you? Muhammad Ibn Maslama AlAnsari stood up and said the like of what AlMughira said. Abu Bakr AlSiddiq gave it to her. Then the other grandmother came to Umar Ibn AlKhattab and asked him for her inheritance. He said to her; You have nothing in the Book of Allah; and what has been decided is only for other than you; and I am not one to add to the fixed shares; other than that sixth. If there are two of you together; it is between you. If eitherof you is left alone with it; it is hers. | The Chapter on Inheritance And Grandmothers in HodHood Indexing, The Book of Hudud in Muwata Malik |
| MuwataMalik-017-001-35146 | | Yahya related to me from Malik from Abdu Rabbih Ibn Said that Abu Bakr Ibn Abdulrahman Ibn AlHarith Ibn Hisham only gave a fixed share to two grandmothers together. Malik said; The generally agreed on way of doing things among us in which there is no dispute and which I saw the people of knowledge in our city doing; is that the maternal grandmother does not inherit anything at all with the mother. Outside of that; she is given a sixth as a fixed share. The paternal grandmotherdoes not inherit anything along with the mother or the father. Outside of that she is given a sixth as a fixed share. If both the paternal grandmother and maternal grandmother are alive; and the deceased does not have a father or mother outside of them; Malik said;.I have heard that if the maternal grandmother is the nearest of the two of them; then she has a sixth instead of the paternal grandmother. If the paternal grandmother is nearer; or they are in the same position in relation to the deceased; the sixth is divided equally between them. Malik said; None of the female grand-relations except for these two has any inheritance because I have heard that the Messenger of Allah; may Allah bless him and grant him peace; gave the grandmother inheritance; and then Abu Bakr asked about that until someone reliable related from the Messenger of Allah; may Allah bless him and grant him peace; that he had made the grandmother an heir and given a share to her. Another grandmother came to Umar Ibn AlKhattab; and he said; I am not one to add to fixed shares. If there are two of you together; it is between you. If either of you is left alone with it; it is hers. Malik said; We do not know of anyone who made other than the two grandmothers heirs from the beginning of Islam to this day. | The Chapter on Inheritance And Grandmothers in HodHood Indexing, The Book of Hudud in Muwata Malik |
| MuwataMalik-017-001-35147 | | Yahya related to me from Malik from Zayd Ibn Aslam that Umar Ibn AlKhattab asked the Messenger of Allah; may Allah bless him and grant him peace; about someone who died without parents or offspring; and the Messenger of Allah; may Allah bless him and grant him peace; said to him; The ayat which was sent down in the summer at the end of the Surat AlNisa Surat 4 is enoughfor you. Malik said; The generally agreed on way of doing things among us; in which there is no dispute; and which I saw the people of knowledge in our city doing; is that the person who leaves neither parent or offspring can be of two types. As for the kind described in the ayat which was sent down at the beginning of the Surat AlNisa in which Allah; the Blessed; the Exalted! said; If a man or a woman has no direct heir; but has a brother or a sister by the mother; each of the two has a sixth. If there are more than that; they share equally in a third. Surat 4 ayat 12 This heirless one does not have heirs among his mother siblings since there are no children or parents. As for the other kind described in the ayat which comes at the end of the Surat AlNisa; Allah; the Blessed; the Exalted; said in it; They will ask you for a decision. Say; Allah gives you a decision about the indirect heirs. If a man perishes having no children; but he has a sister; she shall receive a half of what he leaves; and he is her heir if she has no children. If there are two sisters; they shall receive two-thirds of what he leaves. If there are brothers and sisters; the male shall receive the portion of two females. Allah makes clear to you that you might not go astray. Allah has knowledge of everything Surat 4 ayat 176. Malik said; If this person without direct heirs parents or children has siblings by the father; they inherit with the grandfather from the person without direct heirs. The grandfather inherits with the siblings because he is more entitled to the inheritance than them. That is because he inherits a sixth with the male children of the deceased when the siblings do not inherit anything with the male children of the deceased. How can he not be like one of them when he takes a sixth with the children of the deceased? How can he not take a third with the siblings while the brother sons take a third with them? The grandfather is the one who overshadows the half-siblings by the mother and keeps them from inheriting. He is more entitled to what they have because they are omitted for his sake. If the grandfather did not take that third; the half-siblings by the mother would take it and would take what does not return to the half-siblings by the father. The half-siblings by the mother are more entitled to that third than the half-siblings by the father while the grandfather is more entitled to that than the half- siblings by the mother. | The Chapter on Inheritance And Male Childs in HodHood Indexing, The Book of Hudud in Muwata Malik |
| MuwataMalik-017-001-35149 | | Yahya related to me from Malik that Muhammad Ibn Abi Bakr Ibn Hazm heard his father say many times; Umar Ibn AlKhattab used to say; It is a wonder that the paternal aunt is inherited from and does not inherit. | The Chapter on Inheritance And Daughters in HodHood Indexing, The Book of Hudud in Muwata Malik |
| MuwataMalik-017-001-35150 | | Malik said; The generally agreed on way of doing things among us; in which there is no dispute; and which I saw the people of knowledge in our city doing; about paternal relations is that full brothers are more entitled to inherit than half-brothers by the father and half-brothers by the father are more entitled to inherit than the children of the full brothers. The sons of the full brothers are more entitled to inherit than the sons of the half-brothers by the father. The sons of the half-brothers by the father are more entitled to inherit than the sons of the sons of the full brothers. The sons of the sons of the half-brothers by the father side are more entitled to inherit than the paternal uncle; the full brother of the father. The paternal uncle; the full brother of the father; is more entitled to inherit than the paternal uncle; the half-brotherof the father on the father side. The paternal uncle; the half-brother of the father on the father side is more entitled to inherit than the sons of the paternal uncle; the full brother of the father. The son of the paternal uncle on the father side is more entitled to inherit than the paternal great uncle; the full brother of the paternal grandfather. Malik said; Everything about which you are questioned concerning the inheritance of the paternal relations is like this. Trace the genealogy of the deceased and whoever among the paternal relations contends for inheritance. If you find that one of them reaches the deceased by a father and none of them except him reaches him by a father; then make his inheritance to the one who reaches him by the nearest father; rather than the one who reaches him by what is above that. If you find that they all reach him by the same father who joins them; then see who is the nearest of kin. If there is only one half-brother by the father; give him the inheritance rather than more distant paternal relations. If there is a full brother and you find them equally related from a number of fathers or to one particular father so that they all reach the genealogy of the deceased and they are all half-brothers by the father or full brothers; then divide the inheritance equally among them. If the parent of one of them is an uncle the full-brother of the father of the deceased and whoever is with him is an uncle the paternal half brother of the father of the deceased ; the inheritance goes to the sons of the full brother of the father rather than the sons of the paternal half- brother of the father. That is because Allah; the Blessed; the Exalted; said; Those related by blood are nearer to one another in the Book of Allah; surely Allah has knowledge of everything. Malik said; The paternal grandfather; is more entitled to inherit than sons of the full-brother; and more entitled than the uncle; the full brother of the father. The son of the father brother is more entitled to inherit from mawali retainers freed slaves than the grandfathers. | The Chapter on Inheritance And Half Brothers in HodHood Indexing, The Book of Hudud in Muwata Malik |
| MuwataMalik-017-001-35151 | | Malik said; The generally agreed on way of doing things among us in which there is no dispute and which I saw the people of knowledge in our citydoing; is that the child of the half-sibling by the mother; the paternal grandfather; the paternal uncle who is the maternal half- brother of the father; the maternal uncle; the great-grandmother who is the mother of the mother father; the daughter of the full- brother; the paternal aunt; and the maternal aunt do not inherit anything by their kinship. Malik said; The woman who is the furthest relation of the deceased of those who were named in this book; does not inherit anything by her kinship; and women do not inherit anything apart from those that are named in the Quran. Allah; the Blessed; the Exalted; mentioned in His Book the inheritance ofthe mother from her children; the inheritance of the daughters from their father; the inheritance of the wife from her husband; the inheritance of the full sisters; the inheritance of the half-sisters by the father and the inheritance of the half-sisters by the mother. The grandmother is made an heir by the example of the Prophet; may Allah bless him and grant him peace; made about her. A woman inherits from a slave she frees herself because Allah; the Blessed; the Exalted; said in His Book; They are your brothers in the deen and your mawali. | The Chapter on Inheritance And Half Brothers in HodHood Indexing, The Book of Hudud in Muwata Malik |
| MuwataMalik-017-001-35154 | | Yahya related to me from Malik from Yahya Ibn Said from Sulayman Ibn Yasar that Muhammad Ibn AlAshath told him that he had a christian or jewish paternal aunt who died. Muhammad Ibn AlAshath mentioned that to Umar Ibn AlKhattab and said to him; Who inherits from her? Umar Ibn AlKhattab said to him; The people of her deen inherit from her. Then he went to Uthman Ibn Affan; and asked him about that. Uthman said to him; Do you think that I have forgotten what Umar Ibn AlKhattab said to you? The people.of her deen inherit from her. | The Chapter on Inheritance And Daughters in HodHood Indexing, The Book of Hudud in Muwata Malik |
| MuwataMalik-017-001-35156 | | Yahya related to me from Malik from a reliable source of his who had heard Said Ibn AlMusayab say; Umar Ibn AlKhattab refused to let anyone inherit from the non-arabs except for one who was born among the arabs. Malik said; If a pregnant woman comes from the land of the enemy and gives birth in arab land so that he is her an arab child; he inherits from her if she dies; and she inherits from him if he dies; by the Book of Allah. Malik said; The generally agreed on way of doing things among us and the sunna in which there is no dispute; and what I saw the people of knowledge in our city doing; is that a Muslim does not inherit from a kafir by kinship; clientage wala ; or maternal relationship; nor does he the Muslim overshadow any of the kafirs from his inheritance. Malik said; Similarly; someone who forgoes his inheritance when he is the chief heir does not overshadow anyone from his inheritance. | The Chapter on Inheritance And Heirs in HodHood Indexing, The Book of Hudud in Muwata Malik |
| MuwataMalik-017-001-35157 | | Yahya related to me from Malik from Rabia Ibn Abi Abdulrahman from more than one of the people of knowledge of that time; that those who were killed on the Day of the Camel; the Day of Siffin; the Day of AlHarra; and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion. Malik said; That is the way of doing things about which there is no dispute; and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned; or killed in another way; when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living. Malik said; No one should inherit from anyone else when there is doubt; and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say; Our father inherited from the mawla. They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala inherit from him. Malik said; Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first; so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing. Malik said; Another example is when a paternal aunt and the son of her brother die; or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother; and the son of the brother does not inherit anything from his paternal aunt. | The Chapter on Inheritance And Half Brothers in HodHood Indexing, The Book of Hudud in Muwata Malik |
| MuwataMalik-017-001-35158 | | Yahya related to me from Malik that he had heard that Urwa Ibn AlZubair said about the child of lian and the child of fornication; that if they died; the mother inherited her right from them according to the Book of Allah; the Mighty; the Majestic! The siblings by the mother had their rights. The rest was inherited by the former masters of the mother if she was a freed slave. If she was a free woman by origin; she inherited her due and the siblings by the mother inherited their due; and the rest went to the Muslims. Malik said; I heard the same as that from Sulayman Ibn Yasar. Malik said; That is what I saw the people of knowledge in our city doing. | The Chapter on Inheritance And Shares in HodHood Indexing, The Book of Hudud in Muwata Malik |
| MuwataMalik-017-001-35224 | | Yahya related to me from Malik that he had heard that Urwa Ibn AlZubair said that if the child of the woman against whom lian had been pronounced or the child of fornication; died; his mother inherited from him her right in the Book of Allah the Exalted; and his maternal half-brothers had their rights. The rest was inherited by the owners of his mother wala if she was a freed slave. If she was an ordinary free woman; she inherited her right; his maternal brothers inherited their rights; and the rest went to the Muslims. Malik said;I heard the same as that from Sulayman Ibn Yasar; and it is what I saw the people of knowledge in our city doing. | The Chapter on Inheritance And Daughters in HodHood Indexing, The Book of Marriage in Muwata Malik |
| MuwataMalik-017-001-35231 | | Yahya related to me from Malik from Yahya Ibn Said that Muhammad Ibn Yahya Ibn Habban said; My grandfather Habban had two wives; one from the Hashimites and one from the Ansars. He divorced the Ansariya while she was nursing; and a year passed and he died and she had still not yet menstruated. She said; I inherit from him. I have not menstruated yet. The wives quarrelled and went to Uthman Ibn Affan. He decided that she did inherit; and the Hashimiya rebuked Uthman. He said; This is the practice of the son of your paternal uncle. He pointed this out to us. He meant Ali Ibn Abi Talib. | The Chapter on Inheritance And Killing in HodHood Indexing, The Book of Marriage in Muwata Malik |
| MuwataMalik-017-001-35232 | | Yahya related to me from Malik that he had heard Ibn Shihab say; When a man who is terminally ill divorces his wife three times; she inherits from him. Malik said; If he divorces her while he is terminally ill before he has consummated the marriage; she has half of the bride-price and inherits; and she does not have to do an idda. If he consummated the marriage; she has all the dowry and inherits. The virgin and the previously married woman are the same in this situation according to us. | The Chapter on Marriage And Consummating The Marriage in HodHood Indexing, The Book of Marriage in Muwata Malik |
| MuwataMalik-017-001-35563 | | Yahya related to me that Malik said; I consider that if a man dies and he has not paid zakat on his property; then zakat is taken from the third of his property from which he can make bequests ; and the third is not exceeded and the zakat is given priority over bequests. In my opinion it is the same as if he had a debt; which is why I think it should be given priority over bequests. Malik continued; This applies if the deceased has asked for the zakat to be deducted. If the deceased has not asked for it to be deducted but his family do so then that is good; but it is not binding upon them if they do not do it. Malik continued; The sunna which we are all agreed upon is that zakat is not due from someone who inherits a debt i.e. wealth that was owed to the deceased ; or goods; or a house; or a male or female slave; until a year has elapsed over the price realised from whatever he sells i.e. slaves or a house; which are not zakatable or over the wealth he inherits; from the day he sold the things; or took possession of them. Malik said; The sunna with us is that zakat does not have to be paid on wealth that is inherited until a year has elapsed over it. | The Chapter on Inheritance And Charity in HodHood Indexing, The Book of Faraid in Muwata Malik |
| MuwataMalik-017-001-35573 | | Yahya related to me from Malik from Thawr Ibn Zayd AlDili from a son of Abdullah Ibn Sufyan AlThaqafi from his grandfather Sufyan Ibn Abdullah that Umar Ibn AlKhattab once sent him to collect zakat. He used to include sakhlas when assessing zakat ; and they said; Do you include sakhlas even though you do not take them as payment ? He returned to Umar Ibn AlKhattab and mentioned that to him and Umar said; Yes; you include a sakhla which the shepherd is carrying; but you do not take it. Neither do you take an akula; or a rubba; or a makhid; or male sheep and goats in their second and third years; and this is a just compromise between the young of sheep and goats and the best of them. Malik said; A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring; a makhid is a pregnant ewe or goat; and an akula is a sheep or goat that is being fattened for meat. Malik said; about a man who had sheep and goats on which he did not have to pay any zakat; but which increased by birth to a zakatable amount on the day before the zakat collector came to them; If the number of sheep and goats along with their newborn offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them; or is given them; or inherits them. Rather; it is like when merchandise whose value does not come to a zakatable amount is sold; and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital; taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it. Malik said; The young of sheep and goats are part of the flock; in the same way that profit from wealth is part of that wealth. There is; however; one difference; in that when a man has a zakatable amount of gold and silver; and then acquires an additional amount of wealth; he leaves Aasi de the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats; or cattle; or camels; and then acquires another camel; cow; sheep or goat; pays zakat on it at the same time that he pays the zakat on the others of its kind; if he already has a zakatable amount of livestock of that particular kind. Malik said; This is the best of what I have heard about this. | The Chapter on Zakat Of Live Stock in HodHood Indexing, The Book of Itikaf in Ramadan in Muwata Malik |
