Yahya related to me from Malik from Yahya ibn Said that he had
heard that Muawiya 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. That is part
of what is only determined by 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."
Yahya related to me from Malik from Yahya ibn Said that he had
heard that Muawiya 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. That is part
of what is only determined by 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."
Yahya related to me from Malik from Yahya ibn Said that he had
heard that Muawiya 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. That is part
of what is only determined by 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."
Yahya related to me from Malik that he had heard that Sulayman
ibn Yasar said, ''Umar ibn al-Khattab, 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."
Yahya related to me from Malik that he had heard that Sulayman
ibn Yasar said, ''Umar ibn al-Khattab, 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."
Yahya related to me from Malik that he had heard that Sulayman
ibn Yasar said, ''Umar ibn al-Khattab, 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."
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 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 al-Ansari stood up and said the like
of what al-Mughira 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 eitherof you is left alone with
it, it is hers."
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 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 al-Ansari stood up and said the like
of what al-Mughira 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 eitherof you is left alone with
it, it is hers."
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 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 al-Ansari stood up and said the like
of what al-Mughira 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 eitherof you is left alone with
it, it is hers."
Yahya related to me from Malik from Yahya ibn Said that al-Qasim
ibn Muhammad said, "Two grandmothers came to Abu Bakr asSiddiq, 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 alive?' Abu Bakr divided the
sixth between them.~
Yahya related to me from Malik from Yahya ibn Said that al-Qasim
ibn Muhammad said, "Two grandmothers came to Abu Bakr asSiddiq, 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 alive?' Abu Bakr divided the
sixth between them.~
Yahya related to me from Malik from Yahya ibn Said that al-Qasim
ibn Muhammad said, "Two grandmothers came to Abu Bakr asSiddiq, 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 alive?' Abu Bakr divided the
sixth between them.~
Yahya related to me from Malik from Abdu Rabbih ibn Said 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 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 al-Khattab, 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."
Yahya related to me from Malik from Abdu Rabbih ibn Said 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 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 al-Khattab, 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."
Yahya related to me from Malik from Abdu Rabbih ibn Said 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 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 al-Khattab, 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."
USC-MSA web (English) reference : Book 27, Hadith 6
Hadith 510830
Chapter 27: Fara'id - كتاب الفرائض
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ زَيْدِ بْنِ أَسْلَمَ، أَنَّ عُمَرَ بْنَ الْخَطَّابِ، سَأَلَ رَسُولَ اللَّهِ صلى الله عليه وسلم عَنِ الْكَلاَلَةِ فَقَالَ لَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم
" يَكْفِيكَ مِنْ ذَلِكَ الآيَةُ الَّتِي أُنْزِلَتْ فِي الصَّيْفِ آخِرَ سُورَةِ النِّسَاءِ " .
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, 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 (Sura 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 an-Nisa 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.' (Sura 4 ayat
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, 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" ' " (Sura 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'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 more entitled to that than the half-
siblings by the mother."
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, 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 (Sura 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 an-Nisa 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.' (Sura 4 ayat
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, 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" ' " (Sura 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'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 more entitled to that than the half-
siblings by the mother."
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, 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 (Sura 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 an-Nisa 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.' (Sura 4 ayat
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, 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" ' " (Sura 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'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 more entitled to that than the half-
siblings by the mother."
Yahya related to me from Malik from Muhammad ibn Abi Bakr ibn
Muhammad ibn Amribn Hazm that Abdar-Rahman ibn Hanthala az-Zurqi was
informed by a mawla of Quraysh,who used to be known as Ibn Mursi, 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 a 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, we would have
confirmed you."
Yahya related to me from Malik from Muhammad ibn Abi Bakr ibn
Muhammad ibn Amribn Hazm that Abdar-Rahman ibn Hanthala az-Zurqi was
informed by a mawla of Quraysh,who used to be known as Ibn Mursi, 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 a 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, we would have
confirmed you."
Yahya related to me from Malik from Muhammad ibn Abi Bakr ibn
Muhammad ibn Amribn Hazm that Abdar-Rahman ibn Hanthala az-Zurqi was
informed by a mawla of Quraysh,who used to be known as Ibn Mursi, 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 a 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, we would have
confirmed you."
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
say, 'It is a wonder that the paternal aunt is inherited from and does
not inherit.' "
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
say, 'It is a wonder that the paternal aunt is inherited from and does
not inherit.' "
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
say, 'It is a wonder that the paternal aunt is inherited from and does
not inherit.' "
USC-MSA web (English) reference : Book 27, Hadith 9
Hadith 510860
Chapter 27: Fara'id - كتاب الفرائض
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ عَلِيِّ بْنِ حُسَيْنِ بْنِ عَلِيٍّ، عَنْ عُمَرَ بْنِ عُثْمَانَ بْنِ عَفَّانَ، عَنْ أُسَامَةَ بْنِ زَيْدٍ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" لاَ يَرِثُ الْمُسْلِمُ الْكَافِرَ " .
Yahya 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 kafir."
Yahya 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 kafir."
Yahya 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 kafir."
Yahya related to me from Malik from Ibn Shihab that Ali ibn
Husayn ibn Ali ibn Abi Talib told him that Aqil and Talib inherited
from Abu Talib, and Ali did not inheritfrom him. Ali said, "Because of
that, we have given up our portion of ash Shab." (A house belonging to
Banu Hashim).
Yahya related to me from Malik from Ibn Shihab that Ali ibn
Husayn ibn Ali ibn Abi Talib told him that Aqil and Talib inherited
from Abu Talib, and Ali did not inheritfrom him. Ali said, "Because of
that, we have given up our portion of ash Shab." (A house belonging to
Banu Hashim).
Yahya related to me from Malik from Ibn Shihab that Ali ibn
Husayn ibn Ali ibn Abi Talib told him that Aqil and Talib inherited
from Abu Talib, and Ali did not inheritfrom him. Ali said, "Because of
that, we have given up our portion of ash Shab." (A house belonging to
Banu Hashim).
Yahya related to me from Malik from Yahya ibn Said from Sulayman
ibn Yasar that Muhammad ibn al-Ashath told him that he had a christian
or jewish paternal aunt who died. Muhammad ibn al-Ashath mentioned
that to Umar ibn al-Khattab and said to him, "Who inherits from her?"
Umar ibn al-Khattab 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
al-Khattab said to you? The people.of her deen inherit from her."
Yahya related to me from Malik from Yahya ibn Said from Sulayman
ibn Yasar that Muhammad ibn al-Ashath told him that he had a christian
or jewish paternal aunt who died. Muhammad ibn al-Ashath mentioned
that to Umar ibn al-Khattab and said to him, "Who inherits from her?"
Umar ibn al-Khattab 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
al-Khattab said to you? The people.of her deen inherit from her."
Yahya related to me from Malik from Yahya ibn Said from Sulayman
ibn Yasar that Muhammad ibn al-Ashath told him that he had a christian
or jewish paternal aunt who died. Muhammad ibn al-Ashath mentioned
that to Umar ibn al-Khattab and said to him, "Who inherits from her?"
Umar ibn al-Khattab 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
al-Khattab said to you? The people.of her deen inherit from her."
Yahya related to me from Malik from Yahya ibn Said from Ismail
ibn Abi Hakim that Umar ibn Abd al-Aziz freed a christian who then
died. Ismail said, ''Umar ibn Abd al-Aziz ordered me to put his
property in the bayt al-mal."
Yahya related to me from Malik from Yahya ibn Said from Ismail
ibn Abi Hakim that Umar ibn Abd al-Aziz freed a christian who then
died. Ismail said, ''Umar ibn Abd al-Aziz ordered me to put his
property in the bayt al-mal."
Yahya related to me from Malik from Yahya ibn Said from Ismail
ibn Abi Hakim that Umar ibn Abd al-Aziz freed a christian who then
died. Ismail said, ''Umar ibn Abd al-Aziz ordered me to put his
property in the bayt al-mal."
Yahya related to me from Malik from a reliable source of his who
had heard Said 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 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."
Yahya related to me from Malik from a reliable source of his who
had heard Said 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 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."
Yahya related to me from Malik from a reliable source of his who
had heard Said 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 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."
Yahya related to me from Malik from Rabia 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."
Yahya related to me from Malik from Rabia 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."
Yahya related to me from Malik from Rabia 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."
Yahya related to me from Malik that he had heard that Urwa ibn
az-Zubayr 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."
Yahya related to me from Malik that he had heard that Urwa ibn
az-Zubayr 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."
Yahya related to me from Malik that he had heard that Urwa ibn
az-Zubayr 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."