Tuesday, March 15, 2011

Al-Muwatta' of Imam Malik - Fixed Shares of Inheritance - Hadith

Inheritance of Direct Descendants

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 (fara'id) 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 people with fixed shares
share with the children 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 preclude as the children
preclude. 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 are no surviving males among the children, and there are two or
more daughters, grand-daughters 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
grand-daughters 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
grand-daughters 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 receives 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 receive nothing. That is
because Allah, the Blessed, the Exalted, says in is Book, 'Allah instructs
you regarding your children: A male gets the same as the share of two females.
If there are more than two daughters they get two-thirds of what you leave. If
she is one on her own she gets a half.'"
(4:11)

 

27.2 Inheritance of Husbands from Wives and Wives from Husbands

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 any previous
husband, 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! says in His Book, 'You get half of what your wives
leave if they are childless. If they have children you get a quarter of what
they leave after any bequest they make or any debts. They get a quarter of what
you leave if you are childless. If you have children they get an eighth of what
you leave after any bequest you make or any debts.
'" (4:12)

 

27.3 Inheritance of Fathers and Mothers from Children

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, male or female, or 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 his 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 her 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, 'Each of your parents get a sixth
of what you leave if you have children. If you are childless and your heirs are
your parents your mother gets a third. If you have brothers or sisters your
mother gets a sixth.'
(4:11) The sunna is that the siblings referred
to be two or more."

 

27.4 Inheritance of Maternal Half-Siblings

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's 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 the portion of two
females. That is because Allah, the Blessed, the Exalted, says in His Book,
'If a man or woman has no direct heirs but has a brother or sister, each of them
gets a sixth. If there are more than that they share in a third.'
" (4:12) So
males and females are alike in regard to this.

 

27.5 Inheritance of Full-Siblings

Malik said, "The generally agreed-on way of doing things among us is that
full-siblings do not inherit anything with sons nor anything with grandsons
through a son, nor anything with the father. They do inherit with the daughters
and the grand-daughters through a son when the deceased does not leave a
paternal grandfather. They are considered in any property that is left over as
paternal relations. One begins with the people who are allotted fixed shares.
They are given their shares. If there is anything left over after that, it
belongs to the full-siblings. They divide it between themselves according to the
Book of Allah, whether they are male or female. The male has a portion of two
females. If there is nothing left over, they receive nothing.

"If the deceased does not leave a father or a paternal grandfather or
children or male or female grandchildren through a son, a single full sister
gets a half. If there are two or more full sisters, they get two-thirds. If
there is a brother with them, sisters, whether one or more, do not have a fixed
share. One begins with whoever shares in the fixed shares. They are given their
shares. Whatever remains after that goes to the full-siblings. The male has the
portion of two females except in one case, in which the full-siblings have
nothing. They share in this case the third of the half-siblings by the mother.
That case is when a woman dies and leaves a husband, a mother, half-siblings by
her mother, and full-siblings. The husband has a half. The mother has one sixth.
The half-siblings by the mother have a third. Nothing is left after that, so the
full-siblings share in this case with the half-siblings by the mother in their
third. The males have the portion of two females inasmuch as all of them are
siblings of the deceased by the mother. They inherit by the mother. That is
because Allah, the Blessed, the Exalted, says in His Book, 'If a man or a
woman has no direct heir and he has a brother or sister, each one of the two
gets a sixth. If there are more than that, they share equally in the third.'

(4:12) They therefore share in this case because they all are siblings of the
deceased by the mother."

 

27.6 Inheritance of Paternal Half-Siblings

Malik said, "The generally agreed-on way of doing things among us is that
when there are no full-siblings with them, half-siblings by the father take the
position of full-siblings. Their males are like the males of the full-siblings,
and their females are like their females except in the case where the
half-siblings by the mother and the full-siblings share, because they are not
offspring of the mother who joins these."

Malik said, "If there are both full-siblings and half-siblings by the father
and there is a male among the full-siblings, none of the half-siblings by the
father have any inheritance. If there is one or more females in the
full-siblings and there is no male with them, the one full-sister gets a half,
and the half-sister by the father gets a sixth, completing the two-thirds. If
there is a male with the half-sisters by the father, they have no share. The
people of fixed shares are given their shares and if there is something left
after that it is divided between the half-siblings by the father. The male gets
the portion of two females. If there is nothing left over, they get nothing.
Half-siblings by the mother, full-siblings, and half-siblings by the father,
each have a sixth (when they are only one). Two and more share a third. The male
has the same portion as the female. They are in the same position in this case."

 

27.7 Inheritance of Grandfathers

1 Yahya related to me from Malik from Yahya ibn Sa'id that he had heard that
Mu'awiya ibn Abi Sufyan wrote to Zayd ibn Thabit asking him about the
grandfather. Zayd ibn Thabit wrote to him. "You have written to me asking me
about the grandfather. Allah knows best. This belongs to those matters left to
the determination of the amirs, i.e. the khalifs. I was present with two khalifs
before you who gave the grandfather a half with one sibling, and a third with
two. If there were more siblings, they did not decrease his third."

2 Yahya related to me from Malik from Ibn Shihab from Qabisa ibn Dhu'ayba
that 'Umar ibn al-Khattab gave the grandfather "what people him give today."

3 Yahya related to me from Malik that he had heard that Sulayman ibn Yasar
said, "'Umar ibn al-Khattab, 'Uthman ibn 'Affan, and Zayd 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 share."

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
half-siblings by the father in order 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 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 receives
the portion of two females. If there is nothing left over, they get nothing."

 

27.8 Inheritance of Grandmothers

4 Yahya related to me from Malik from Ibn Shihab from 'Uthman ibn Ishaq ibn
Kharasha that Qabisa ibn Dhu'ayb said, "A grandmother came to Abu Bakr as-Siddiq
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 al-Mughira ibn Shu'ba 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 asked, 'Was there anybody else with you?' Muhammad ibn Maslama
al-Ansari stood up and said the like of what al-Mughira had said. Abu Bakr as-Siddiq
gave it to her. Then the other grandmother came to 'Umar ibn al-Khattab 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 either of you is left alone with it, it is
hers.' "

[In Abu Dawud, at-Tirmidhi and Ibn Majah]

5 Yahya related to me from Malik from Yahya ibn Sa'id that al-Qasim ibn
Muhammad said, "Two grandmothers came to Abu Bakr as-Siddiq, and he wanted to
give the sixth to the one who was from the mother's side, and a man of the Ansar
said, 'What? Are you omitting the one from whom he would inherit if she died
while he was still alive?' Abu Bakr divided the sixth between them."

6 Yahya related to me from Malik from 'Abdu Rabbih ibn Sa'id that Abu Bakr
ibn 'Abd ar-Rahman ibn al-Harith 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 grandmother
does not inherit anything along with the mother of 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 a mother other than 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 grandrelations 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 al-Khattab, and
he said, 'I am not one to add to the 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."

 

27.9 Inheritance of Persons without Parents or Offspring

7 Yahya related to me from Malik from Zayd ibn Aslam that 'Umar ibn
al-Khattab asked the Messenger of Allah, may Allah bless him and grant him
peace, about someone who died without parents or offspring (i.e. he asked about
"kalala") 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 an-Nisa' (4) is enough for you."

[In Muslim]

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 Surat an-Nisa' in which Allah, the Blessed, the Exalted,
says, 'If a man or a woman has no direct heir and he has a brother or sister,
each one of the two gets a sixth. If there are more than that, they share
equally in the third.'
(4:12) This heirless one does not have heirs among
his mother's 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
an-Nisa'
, Allah, the Blessed, the Exalted, says in it, 'They will ask you
for a definitive ruling. Say: "Allah gives you a definitive ruling about people
who die without direct heirs: If a man dies childless but has a sister she gets
half of what he leaves. And he is her heir if she dies childless. If there are
two sisters they get two-thirds of what he leaves. If there are brothers and
sisters the males get the share of two females. Allah makes things clear to you
so you will not go astray. Allah has knowledge of all things.'
" (4:176)

Malik said, "If this person without direct heirs (parents) or children has
siblings by the father, they inherit with the grandfather from this 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's 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 not less entitled to that than the half-siblings by the mother."

 

27.10 Paternal Aunts

8 Yahya related to me from Malik from Muhammad ibn Abi Bakr ibn Muhammad ibn
'Amr ibn Hazm that 'Abd ar-Rahman ibn Handhala az-Zuraqi was informed by a mawla
of Quraysh, who used to be known as Ibn Mirsa, that he was sitting with 'Umar
ibn al-Khattab, and when they had prayed Dhuhr, he said, "Yarfa! Bring
that letter! (A letter which he had written about the paternal aunt). We asked
about her and asked for information about her." Yarfa brought it to him. He
called for a small vessel or drinking-bowl in which there was water. He erased
the letter in it. Then he said, "Had Allah approved of you as an heir, we would
have confirmed you. Had Allah approved of you, He would have confirmed you."

9 Yahya related to me from Malik that Muhammad ibn Abi Bakr ibn Hazm heard
his father say many times, "'Umar ibn al-Khattab used to remark, 'It is a wonder
that the paternal aunt is inherited from but does not inherit.'"

 

27.11 Inheritance of Paternal Relations ('asaba)

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's 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-brother of the father on the father's side. The paternal uncle, the
half-brother of the father on the father's 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's 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 grant the 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, says, 'But blood relations are closer to one
another in Allah's Book. Allah has knowledge of all things.'
(8:75)"

Malik said, "The paternal grandfather is more entitled to inherit than the
sons of the full-brother, and more entitled than the uncle, the full brother of
the father. The son of the father's brother is more entitled to inherit from
mawali
retainers (freed slaves) than the grandfathers."

 

27.12 People Who Do Not Inherit

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 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's father, the
daughter of the full-brother, the paternal aunt, and the maternal aunt do not
inherit anything by their kinship."

Malik said, "Any woman who more distantly related to the deceased than 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 Qur'an. Allah,
the Blessed, the Exalted, mentions in His Book the inheritance of the 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,
says in His Book, 'They are your brothers in the deen and people under your
patronage.'
(33:5)"

 

27.13 Inheritance from People of Other Religions

10 Yahya related to me from Malik from Ibn Shihab from 'Ali ibn Husayn ibn
'Ali from 'Umar ibn 'Uthman ibn 'Affan from Usama ibn Zayhya related to me from
Malik from Ibn Shihab from 'Ali ibn Husayn ibn 'Ali from 'Umar ibn 'Uthman ibn
'Affan from Usama ibn Zayd that the Messenger of Allah, may Allah bless him and
grant him peace, said, "A Muslim does not inherit from a unbeliever."

[In Muslim]

11 Yahya related to me from Malik from Ibn Shihab that 'Ali ibn Husayn in
'Ali ibn Abi Talib told him that 'Aqil and Talib inherited from Abu Talib, and
'Ali did not inherit from him. 'Ali said, "Because of that, we have given up our
portion of ash-Shi'b (a house belonging to the Banu Hashim)."

12 Yahya related to me from Malik from Yahya ibn Sa'id from Sulayman ibn
Yasar that Muhammad ibn al-Ash'ath told him that he had a Christian or Jewish
paternal aunt who died. Muhammad ibn al-Ash'ath mentioned that to 'Umar ibn
al-Khattab and asked him, "Who inherits from her?" 'Umar ibn al-Khattab said to
him, "The people of her deen inherit from her." Then he went to 'Umar ibn
'Affan, and asked him about that. 'Uthman told him, "Do you think that I have
forgotten what 'Umar ibn al-Khattab said to you? The people of her deen
inherit from her."

13 Yahya related to me from Malik from Yahya ibn Sa'id from Isma'il ibn Abi
Hakim that 'Umar ibn 'Abd al-'Aziz freed a Christian who then died. Isma'il
said, "'Umar ibn 'Abd al-'Aziz ordered me to put his property in the Bayt
al-Mal."

14 Yahya related to me from Malik from a reliable source of his who had heard
Sa'id ibn al-Musayyab say, "'Umar ibn al-Khattab 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 then he is considered to be her 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 unbeliever by
kinship, clientage (wala'), or maternal relationship, nor does he (the
Muslim) bar any (of the unbelievers) from his inheritance."

Malik said, "Similarly, someone who forgoes his inheritance when he is the
chief heir does not bar anyone from his inheritance."

 

27.14 People Killed in Battle or Otherwise whose Situation in Inheritance
is Not Known

15 Yahya related to me from Malik from Rabi'a ibn Abi 'Abd ar-Rahman 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 al-Harra, 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."

 

27.15 The Inheritance of the Child of Li'an and the Child of
Fornication

 

16 Yahya related to me from Malik that he had heard that 'Urwa ibn az-Zubayr
said about the child of li'an 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 have seen the people of knowledge in our city
doing."

Important note to learn and read quran online

 

There are many ways to improve the Quran recitation, here are some of them:

listen quran online with tajweed , Quran Recitation Online

When you Recite Holy Quran or Learn Quran with proper understanding, it helps you in understanding the complexities of world and daily life. It helps you in making your life simpler to understand and easier to cope with. Recitation of Quran gives your strength and knowledge to deal with different patterns of life. Reading Quran or Recitation of Quran doesn’t even gives you mental peace and calmness but if you recite it with complete understanding of what each verse is saying to you, you would find those verses a complete guideline for you to deal with your daily life problems and confusions. Prophet Muhammad said, so join the true path of knowledge and learn holy quran to bring purity to your life. And see quran blog more quranic article

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