| MuwataMalik-017-001-34420 | | Malik related to me from Ibn Shihab from Urwa Ibn AlZubair from Aisha; umm Almuminin that when the Messenger of Allah; may Allah bless him and grant him peace; died; the wives of the Prophet; may Allah bless him and grant him peace; wanted to send Uthman Ibn Affan to Abu Bakr AlSiddiq to ask him about their inheritance from the Messenger of Allah; may Allah bless him and grant him peace Aisha said to them; Didnt the Messenger of Allah; may Allah bless him and grant him peace; say; No one inherits from us. What we leave is sadaqa. | The Chapter on Granting Peace in HodHood Indexing, The Book of The Times of Prayer in Muwata Malik |
| MuwataMalik-017-001-34745 | | Yahya said that Malik said; When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters; and whichever women would inherit from him ordinarily. If the women do not take all his inheritance; then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women. Malik said; When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent; he may not do that; and he has no right to any of the blood-money; however large or small; unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths; and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty; those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty; they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it. Yahya said that Malik said; This is the best I have heard on the matter. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing, The Book of Purity in Muwata Malik |
| MuwataMalik-017-001-34835 | | Malik related to me that he had heard that Said Ibn AlMusayab was asked who had the wala of the children whom a slave had by a free woman. Said said; If their father dies and he is a slave who was not set free; their wala belongs to the mawali of their mother. Malik said; That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies; they inherit from him. If he commits a crime; they pay the blood-money for him. If his father acknowledges him; he is given a kinship to him and his wala goes to the mawali of his father. They are his heirs; they pay his blood-money and his father is punished with the hadd-punishment. Malik said; It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child; the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed; it goes to his paternal relations. Malik said; The generally agreed-on way of doing things among us about a child of a slave by a free woman; while the father of the slave is free; is that the grandfather the father of the slave ; attracts the wala of his son free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free; the wala returns to his mawali. If he dies and he is still a slave; the inheritance and the wala go to the grandfather. If the slave has two free sons; and one of them dies while the father is still a slave; the grandfather; the father of the father; attracts the wala and the inheritance. Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth; or after she gave birth. He said; The wala of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala of such a child; is attracted by the father when he is set free. Malik said that if a slave asked his master permission to free a slave of his and his master gave permission; the wala of the freed slave went to the master of his master; and his wala did not return to the master who had set him free; even if he were to become free himself. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing, The Book of Greetings in Muwata Malik |
| MuwataMalik-017-001-34836 | | Malik related to me from Abdullah Ibn Abi Bakr Ibn Muhammad Ibn Amr Ibn Hazm from Abd AlMalik Ibn Abi Bakr Ibn Abdulrahman Ibn AlHarith Ibn Hisham that his father told him that AlAsi Ibn Hisham had died and left three sons; two by one wife and one by another wife. One of the two with the same mother died and left property and mawali. His full brother inherited his property and the wala of his mawali. Then he also died; and left as heirs his son and his paternal half brother. His son said; I obtain what my father inherited of property and the wala of the mawali. His brother said; It is not like that. You obtain the property. As for the wala of the mawali; it is not so. Do you think that had it been my first brother who died today; I would not have inherited from him? They argued and went to Uthman Ibn Affan. He gave a judgement that the brother had the wala of the mawali. | The Chapter on Family And Honor in HodHood Indexing, The Book of General Subjects in Muwata Malik |
| MuwataMalik-017-001-34837 | | Malik related to me from Abdullah Ibn Abi Bakr Ibn Hazm that his father told him that he was sitting with Aban Ibn Uthman; and an argument was brought to him between some people from the Juhayna tribe and some people from the Banu AlHarith Ibn AlKhazraj. A woman of the Juhayna tribe was married to a man from the Banu AlHarith Ibn AlKhazraj; called Ibrahim Ibn Kulayb. She died and left property and mawali; and her son and husband inherited them from her. Then her son died and his heirs said; We have the wala of the mawali. Her son obtained them. Those of the Juhayna said; It is not like that. They are the mawali of our female associate. When her child died; we have their wala and we inherit them. Aban Ibn Uthman gave a judgement that the people from the Juhayna tribe did indeed have the wala of the mawali. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing, The Book of General Subjects in Muwata Malik |
| MuwataMalik-017-001-34839 | | Malik related to me that he had asked Ibn Shihab about a slave who was released. He said; He gives his wala to whomever he likes. If he dies and has not given his wala to anyone; his inheritance goes to the muslims and his blood-money is paid by them. Malik said; The best of what has been heard about a slave who is released is that no one gets his wala; and his inheritance goes to the muslims; and they pay his blood-money. Malik said that when the slave of a jew or christian became muslim and he was freed before being sold; the wala of the freed slave went to the muslims. If the jew or christian became muslim afterwards; the wala did not revert to him. He said; However; if a jew or christian frees a slave from their own deen; and then the freed one becomes muslim before the jew or christian who freed him becomes muslim and then the one who freed him has become muslim; his wala reverts to him because the wala was confirmed for him on the day he freed him. Malik said that the muslim child of a jew or christian inherited the mawali of his jewish or christian father when the freed mawla became muslim before the one who freed him became muslim. If the freed one was already muslim when he was freed; the muslim children of the christian or jew had nothing of the wala of a muslim slave because the jew and the christian did not have the wala. The wala of a muslim slave went to the community of muslims. | The Chapter on Selling Of Slaves in HodHood Indexing, The Book of General Subjects in Muwata Malik |
| MuwataMalik-017-001-34849 | | Yahya related to me from Malik that he heard Ibn Shihab say; The precedent of the sunna when a man injures a woman is that he must pay the blood- money for that injury and there is no retaliation against him. Malik said; That is an accidental injury; when a man strikes a woman and hits with a blow what he did not intend; for instance; if he struck her with a whip and cut her eye open and the like of that. Malik said about a woman who has a husband and children who are not from her paternal relatives or her people; that since he is from another tribe; there is no blood-money against her husband for her criminal action; nor any against her children if they are not from her people; nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah; may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe; but the blood-money of the criminal act of the mawla is only against her tribe. | The Chapter on Injury In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik |
| MuwataMalik-017-001-34876 | | 11 Malik related to me from Yahya Ibn Said from Urwa Ibn AlZubair that a man of the Ansar called Uhayha Ibn AlJulah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said; We brought him up from a baby to a youth till he stood firm on his feet; and we have had the right of a man taken from us by his paternal uncle. Urwa said; For that reason a killer does not inherit from the one he killed. Malik said; The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person property and not inherit from the blood-money. | The Chapter on Inheritance And Heirs in HodHood Indexing, The Book of General Subjects in Muwata Malik |
| MuwataMalik-017-001-34890 | | Yahya said that he heard Malik say; This ayat is abrogated. It is the word of Allah; the Blessed; the Exalted; If he leaves goods; the testament is for parents and kinsmen. What came down about the division of the fixed shares of inheritance in the Book of Allah; the Mighty; the Exalted; abrogated it. Yahya said that he heard Malik say; The established sunna with us; in which there is no dispute; is that it is not permitted for a testator to make a bequest in addition to the fixed share in favour of an heir; unless the other heirs permit him. If some of them permit him and others refuse; he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance. Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property; and they gave him permission to leave some of his heirs more than his third. Malik said; They cannot revoke that. Had they been permitted to do so; every heir would have done that; and then; when the testator died; they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property. Malik said; If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission; that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well; he is entitled to all his property and can do what he wishes with it. If he wishes; he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs; when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him; and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying; and the heir agrees and then the dying man does not dispose of it at all; it is returned to the one who gave it unless the deceased said to him; So-and-so - one of his heirs - is weak; and I would like you to give him your inheritance. So he gives it to him. That is permitted when the deceased specified it for him. Malik said; When a man gives the dying man free use of his share of the inheritance; and the dying man distributes some of it and some remains; it is returned to the giver; after the man has died. Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of; so the heirs refused to permit that. Malik said; That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third which the dying man is allowed to bequeath. | The Chapter on Inheritance And Heirs in HodHood Indexing, The Book of Hair in Muwata Malik |
| MuwataMalik-017-001-34926 | | Yahya said that Malik related from Ibn Shihab that Sunayn Abi Jamila; a man from the Banu Sulaym; found an abandoned child in the time of Umar Ibn AlKhattab. Sunayn took him to Umar Ibn AlKhattab. He asked; What has induced you to take this person? He answered; I found him lost; so I took him. Umar advisor said to him; Amir AlMuminin! He is a man who does good. Umar inquired of him; Is it so? He replied; Yes. Umar Ibn AlKhattab said; Go; he is free; and you have his wala inheritance; and we will provide for him. Yahya said that he heard Malik say; What is done in our community about an abandoned child is that he is free; and his wala inheritance belongs to the muslims; and they inherit from him and pay his blood money. | The Chapter on Slave As A Property in HodHood Indexing, The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik |
| MuwataMalik-017-001-34931 | | Yahya said that he heard Malik say; The way of doing things generally agreed upon in our community in the case of a man who dies and has sons and one of them claims; My father confirmed that so-and- so was his son; is that the relationship is not established by the testimony of one man; and the confirmation of the one who confirmed it is only permitted as regards his own share in the division of his father property. The one testified for is only given his due from the share of the testifier. Malik said; An example of this is that a man dies leaving two sons; and 600 dinars. Each of them takes 300 dinars. Then one of them testifies that his deceased father confirmed that so-and-so was his son. The one who testifies is obliged to give 100 dinars to the one thus connected. This is half of the inheritance of the one thought to be related; had he been related. If the other confirms him; he takes the other 100 and so he completes his right and his relationship is established. His position is similar to that of a woman who confirms a debt against her father or her husband and the other heirs deny it. She must pay to the person whose debt she confirms; the amount according to her share of the full debt; had it been confirmed against all the heirs. If the woman inherits an eighth; she pays the creditor an eighth of his debt. If a daughter inherits a half; she pays the creditor half of his debt. Whichever women confirm him; pay him according to this. Malik said; If a man testimony is in agreement with what the woman testified to; that so- and-so had a debt against his father; the creditor is made to take an oath with one witness and he is given all his due. This is not the position with women because a man testimony is allowed and the creditor must take an oath with the testimony of his witness; and take all his due. If he does not take an oath; he only takes from the inheritance of the one who confirmed him according to his share of the debt; because he confirmed his right and the other heirs denied it. It is permitted for him to confirm it. | The Chapter on Debt And Creditors And Property Inheritance in HodHood Indexing, The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik |
| MuwataMalik-017-001-34969 | | Malik related to me that he heard that a man of the Ansar from the tribe of Banu AlHarith Ibn AlKhazraj; gave sadaqa to his parents and then they died. Their son inherited the property he had given them and it was palm-trees. He asked the Messenger of Allah; may Allah bless him and grant him peace; about it and he said; You are rewarded for your sadaqa; and take it as your inheritance. | The Chapter on Inheritance And Daughters in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34972 | | Malik related to me from Humayd Ibn Qays AlMakki that a son of AlMutawakkil had a mukatab who died at Makka and left enough to pay the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case; so he wrote to Abd AlMalik Ibn Marwan to ask him about it. Abd AlMalik wrote to him; Begin with the debts owed to people; and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master. Malik said; What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge; when someone asked about that and mentioned that Allah the Blessed; the Exalted; said; Give them their kitaba; if you know some good in them Surat 24 ayat 33 recited these two ayats; When you are free of the state of ihram; then hunt for game. Surat 5 ayat 3 When the prayer is finished; scatter in the land and seek Allah favour. Surat 62 ayat 10 Malik commented; It is a way of doing things for which Allah; the Mighty; the Majestic; has given permission to people; and it is not obligatory for them. Malik said; I heard one of the people of knowledge say about the word of Allah; the Blessed; the Exalted; Give them of the wealth which Allah has given you; that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount. Malik said; This is what I have heard from the people of knowledge and what I see people doing here. Malik said; I have heard that Abdullah Ibn Umar gave one of his slaves his kitaba for 35;000 dirhams; and then reduced the end of his kitaba by 5;000 dirhams. Malik said; What is done among us is that when a master gives a mukatab his kitaba; the mukatab property goes with him but his children do not go with him unless he stipulates that in his kitaba. Yahya said; I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him; and neither he nor his master knew that on the day he was given his kitaba; the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl; she belonged to the mukatab because she was his property. Malik said that if a man and his wife son by another husband inherited a mukatab from the wife and the mukatab died before he had completed his kitaba; they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died; his inheritance went to the son of the woman; and the husband had nothing of his inheritance. Malik said that if a mukatab gave his own slave a kitaba; the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him; that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba; that was permitted for him. Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him; she had an option. If she liked she could be an umm walad. If she wished; she could confirm her kitaba. If she did not conceive; she still had her kitaba. Malik said; The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share; whether or not his companion gives him permission to do so; unless they both write the kitaba together; because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself; and then the one who had given a kitaba for half of him was not obliged to complete his setting free; that would be in opposition to the words of the Messenger of Allah; may Allah bless him and grant him peace. If someone frees his share in a slave and has enough money to cover the full price of the slave; justly evaluated for him; he must give his partners their shares; so the slave is completely free. Malik said; If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him; and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state. Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed; and the other refused to defer it; and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba; They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba; each of them takes what remains to them of the kitaba; and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did; the slave is still divided equally between them; and he does not return to his associates the excess of what he has exacted; because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay; he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34978 | | Malik related to me that he heard Rabia Ibn Abi Abdulrahman and others mention that AlFurafisa Ibn Umar AlHanafi had a mukatab who offered to pay him all of his kitaba that he owed. AlFurafisa refused to accept it and the mukatab went to Marwan Ibn AlHakam who was the amir of Madina and brought up the matter. Marwan summoned AlFurafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab Go; you are free. When AlFurafisa saw that; he took the money. Malik said; What is done among us when a mukatab pays all the instalments he owes before their term; is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery; and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free. Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba; to do so; because by that he completed his inviolability as a free man; his testimony was permitted; and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying; He is escaping from me with his property. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34979 | | Malik related to me that he had heard that Said Ibn AlMusayab was asked about a mukatab who was shared between two men. One of them freed his portion and then the mukatab died and left a lot of money. Said replied; The one who kept his kitaba is paid what remains due to him; and then they divide what is left between them both equally. Malik said; When a mukatab who fulfils his kitaba and becomes free dies; he is inherited from by the people who wrote his kitaba and their children and paternal relations - whoever is most deserving. He said; This is also for whoever is set free when he dies after being set free - his inheritance is for the nearest people to him of children or paternal relations who inherit by means of the wala. Malik said; Brothers; written together in the same kitaba; are in the same position as children to each other when none of them have children written in the kitaba or born in the kitaba. When one of them dies and leaves property; he pays for them all that is against them of their kitaba and sets them free. The money left over after that goes to his children rather than his brothers. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34989 | | Yahya said that Malik related from Muhammad Ibn Umara from Abu Bakr Ibn Hazm that Uthman Ibn Affan said; When boundaries are fixed in land; there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. Malik said; This is what is done in our community. Malik said; There is no pre-emption in a road; whether or not it is practical to divide it. Malik said; What is done in our community is that there is no pre- emption in the courtyard of a house; whether or not it is practical to divide it. Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said; They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed; they have the right of pre-emption. Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said; If the man right of inheritance is established; he also has a right of preemption. If the land has produced a crop; the crop belongs to the buyer until the day when the right of the other is established; because he has tended what was planted against being destroyed or being carried away by a flood. Malik continued; If the time has been long; or the witnesses are dead or the seller has died; or the buyer has died; or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time; pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this; because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption; the value of the land is estimated; and he buys the land for that price by his right of pre-emption. Then the buildings; plants; or structures which are extra to the land are looked at; so he is in the position of some one who bought the land for a known price; and then after that built on it and planted. The owner of pre-emption takes possession after that is included. Malik said; Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased; then they share it and sell it; and they have no pre-emption in it. Malik said; There is no pre- emption among us in a slave or a slave-girl or a camel; a cow; sheep; or any animal; nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided; and in land in which boundaries occur. As for what cannot be usefully divided; there is no pre-emption in it. Malik said; Some one who buys land in which people who are present have a right of pre-emption; refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them; and not refer their situation to the Sultan and they knew about his purchase; and then they left it until a long time had passed and then came demanding their pre-emption; I do not think that they would have it. | The Chapter on Throwing And Land And Property in HodHood Indexing, The Book of Dress in Muwata Malik |
| MuwataMalik-017-001-35135 | | Yahya related to me from Malik; The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance of children from the mother or father when one or other of them dies is that if they leave male and female children; the male takes the portion of two females. If there are only females; and there are more than two; they get two thirds of what is left between them. If there is only one; she gets a half. If someone shares with the children; who has a fixed share and there are males among them; the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance. When there are no children; grandchildren through sons have the same position as children; so that grandsons are like sons and grand-daughters are like daughters. They inherit as they inherit and they overshadow as they overshadow. If there are both children and grandchildren through sons; and there is a male among the children; then the grandchildren through sons do not share in the inheritance with him. If there is no surviving male among the children; and there are two or more daughters; the granddaughters through a son do not share in the inheritance with them unless there is a male who is in the same position as them in relation to the deceased; or further than them. His presence gives access to whatever is left over; if any; to whoever is in his position and whoever is above him of the granddaughters through sons. If something is left over; they divide it among them; and the male takes the portion of two females. If nothing is left over; they have nothing. If the only descendant is a daughter; she takes half; and if there are one or more grand-daughters through a son who are in the same position to the deceased; they share a sixth. If there is a male in the same position as the granddaughters through a son in relation to the deceased; they have no share and no sixth. If there is a surplus after the allotting of shares to the people with fixed shares; the surplus goes to the male and whoever is in his position and whoever is above him of the female descendants through sons. The male has the share of two females. The one who is more distant in relationship than grandchildren through sons has nothing. If there is no surplus; they have nothing. That is because Allah; the Blessed; the Exalted; said in His Book; Allah charges you about your children that the male has the like of the portion of two females. If there are more than two women they have two thirds of what is left. If there is one; she has a half. Surat 4 ayat 10 | The Chapter on Inheritance And Shares in HodHood Indexing, The Book of Blood Money in Muwata Malik |
| MuwataMalik-017-001-35136 | | Malik said; The inheritance of a husband from a wife when she leaves no children or grandchildren through sons is a half. If she leaves children or grandchildren through sons; male or female; by her present or previous husbands; the husband has a quarter after bequests or debts. The inheritance of a wife from a husband who does not leave children or grandchildren through sons is a quarter. If he leaves children or grandchildren through sons; male or female; the wife has an eighth after bequests and debts. That is because Allah; the Blessed; the Exalted! said in His Book; You have a half of what your wives leave if they have no children. If they have children; you have a fourth of what they leave after bequests and debts. They have a fourth of what you leave if you have no children. If you have children; they have an eighth after bequests or debts. Sura4ayat 11. | The Chapter on Debt And Creditors And Property Inheritance in HodHood Indexing, The Book of Blood Money in Muwata Malik |
| MuwataMalik-017-001-35137 | | Malik said; The generally agreed on way of doing things among us about which there is no dispute and what I have seen the people of knowledge in our city doing is that when a father inherits from a son or a daughter and the deceased leaves children; or grandchildren through a son; the father has a fixed share of one sixth. If the deceased does leave any children or male grandchildren through a son; the apportioning begins with those with whom the father shares in the fixed shares. They are given their fixed shares. If a sixth or more is left over; the sixth and what is above it is given to the father; and if there is less than a sixth left; the father is given his sixth as a fixed share; i.e. the other shares are adjusted. The inheritance of a mother from her child; if her son or daughter dies and leaves children or male or female grandchildren through a son; or leaves two or more full or half siblings is a sixth. If the deceased does not leave any children or grandchildren through a son; or two or more siblings; the mother has a whole third except in two cases. One of them is if a man dies and leaves a wife and both parents. The wife has a fourth; the mother a third of what remains; which is a fourth of the capital. The other is if a wife dies and leaves a husband and both parents. The husband gets half; and the mother a third of what remains; which is a sixth of the capital. That is because Allah; the Blessed; the Exalted; says in His Book; His two parents each have a sixth of what he leaves if he has children. If he does not have children; and his parents inherit from him; his mother has a third. If he has siblings; the mother has a sixth. Surat 4 ayat 11. The sunna is that the siblings be two or more. | The Chapter on Inheritance And Shares in HodHood Indexing, The Book of Blood Money in Muwata Malik |
| MuwataMalik-017-001-35138 | | Malik said; The generally agreed upon way of doing things among us is that maternal half-siblings do not inherit anything when there are children or grandchildren through sons; male or female. They do not inherit anything when there is a father or the father father. They inherit in what is outside of that. If there is only one male or female; they are given a sixth. If there are two; each of them has a sixth. If there are more than that; they share in a third which is divided among them. The male does not have portion of two females. That is because Allah; the Blessed; the Exalted; says in His Book; If a man or woman has no direct heir; and he has a brother or sister; by the mother; each of them has a sixth. If there are more than two; they share equally in a third. Surat 4 ayat 12. | The Chapter on Inheritance And Male Childs in HodHood Indexing, The Book of Blood Money in Muwata Malik |
| 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 |
