| 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 |
