MaliksMuwattaBook27.Fara’id

MALIKSMUWATTABOOK27.FARA’ID

MaliksMuwatta Book 27, HadithNumberA.

Section:InheritanceofDescendants.

YahyarelatedtomefromMalik,“Thegenerallyagreeduponwayofdoingthingsamong 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,sothatgrandsonsarelikesonsandgrand-daughtersarelikedaughters.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 furtherthanthem.Hispresencegivesaccesstowhateverisleftover,ifany,towhoever 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 shareasixth.Ifthereisamaleinthesamepositionasthegranddaughtersthrougha 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 surplusgoestothemaleandwhoeverisinhispositionandwhoeverisabovehimofthe female descendants through sons. The male has the share of two females. The one who is moredistant inrelationship than grandchildren through sonshas nothing. If there isnosurplus,theyhavenothing.ThatisbecauseAllah,theBlessed,theExalted,saidin His Book, ‘Allah charges you about your children that the male has the like of theportionoftwofemales.Iftherearemorethantwo womentheyhavetwothirdsofwhatis left. If there is one, she has a half.’” (Sura 4 ayat 10)

MaliksMuwatta Book 27,HadithNumberB.

Section:InheritanceofHusbandsfromWivesandWivesfromHusbands.

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 leaveifyouhavenochildren.Ifyouhavechildren,theyhaveaneighthafterbequestsor debts.’” (Sura4ayat 11).

MALIKSMUWATTABOOK27.FARA’ID

MaliksMuwatta Book 27,HadithNumberC.

Section:InheritanceofFathersandMothersfromChildren.

Maliksaid,“Thegenerallyagreedonwayofdoingthingsamongusaboutwhichthereis no dispute and what Ihave 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.Ifasixthormoreisleftover,thesixthandwhatisaboveitisgiventothefather, 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.Oneof them isifamandiesandleavesa wifeandbothparents.Thewifehasa fourth,themotherathirdof whatremains,(whichisafourthofthecapital).Theotheris 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 hasa third. If hehas siblings,themotherhasa sixth.’ (Sura 4ayat 11). The sunna is that the siblings be two or more.”

MaliksMuwatta Book 27, HadithNumberD.

Section:InheritanceofMaternalHalf-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,maleorfemale.Theydo not inherit anything when there is afatheror thefather’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 portion of two females. That is because Allah, the Blessed, the Exalted, says in His Book, ‘If a manorwomanhasnodirectheir,andhehasabrotherorsister,bythemother,eachof them hasa sixth.Iftherearemorethantwo,theyshareequallyina third.’”(Sura4ayat 12).

MALIKSMUWATTABOOK27.FARA’ID

MaliksMuwatta Book 27, HadithNumberE.

Section:InheritanceofFullSiblings.

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 granddaughters through a son when the deceased does not leave a paternal grandfather. Any property that is left over, theyare in it as paternal relations. One begins with the people who are allottedfixedshares.Theyaregiventheirshares.Ifthereisanythingleftoverafterthat, 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 have nothing.

“If the deceased does not leave a father or a paternal grandfather orchildren or male or female grandchildren through a son, a single full sister gets a half. If there are two or more full sisters, theyget two thirds. If thereis a brother with them,sisters, whether one ormore,donothaveafixedshare.Onebeginswithwhoeversharesinthefixedshares. 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. Theyshare in this case the third of the half-siblings bythe 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 male has the portion of two females in as much as all of them are siblings of the deceased by the mother. They inherit by the mother. That isbecause Allah, the Blessed, the Exalted, said in His Book, ‘If a man or a woman has no direct heir and he has a brother or a sister, each one of the two gets a sixth. If there are more than that, they share equally in the third.’ (Sura 4 ayat 12). They

thereforeshareinthiscasebecauseallofthemaresiblingsofthedeceasedbythe mother.”

MALIKSMUWATTABOOK27.FARA’ID

MaliksMuwatta Book 27, HadithNumber F.

Section:InheritanceofPaternalHalf-Siblings.

Maliksaid,“Thegenerallyagreedonwaysofdoingthingsamongusisthatwhenthere arenofullsiblingswiththem,half-siblingsbythefathertakethepositionoffullsiblings. 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 maleamongthefullsiblings none of the half-siblings bythefather have anyinheritance. 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 sharesand if there is something left after that it is dividedbetweenthehalf-siblingsbythefather.Themalehastheportionoftwofemales. If there is nothing left over, they get nothing. If the full siblings consist of two or more females, they get two-thirds, and the half-sisters by the father get nothing with them unless there is a half-brother by the father with them. If there is a half-brother by the father with them, the people of fixed shares are given their shares and if there is something left over 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 it.”

MALIKSMUWATTABOOK27.FARA’ID

MaliksMuwatta Book 27, HadithNumber 1.

Section:InheritanceofGrandfathers.

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 knowsbest.Thatispartof whatisonlydeterminedbytheamirs,i.e.thekhalifs.Iwas 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.”

MaliksMuwatta Book 27, HadithNumber 2.

Section:InheritanceofGrandfathers.

YahyarelatedtomefromMalikfromIbnShihabfromQabisaibnDhu’aybathatUmar ibn al-Khattab gave the grandfather “what people give him today.”

MALIKSMUWATTABOOK27.FARA’ID

MaliksMuwatta Book 27, HadithNumber 3.

Section:InheritanceofGrandfathers.

YahyarelatedtomefromMalikthathe hadheardthatSulaymanibnYasarsaid,”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 grandfatherdoesnotinheritanythingatallwiththefather.Heisgiven asixth asafixed 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 malegets theportion of two females exceptin oneparticular case.The division in this caseis different from the preceding one. This case is when a woman dies and leaves a husband,mother,fullsisterandgrandfather.Thehusbandgetsahalf,themothergetsa 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 thereare nofull siblings with them,is like theinheritance of thefull siblings (in the same situation).Themalesarethesameastheirmalesandthefemalesarethesameastheir females.When thereare bothfull siblings andhalf-siblings bythefather, thefull siblings include in their number the number of half-siblings by the father, to limit the inheritance of thegrandfather,i.e.,iftherewasonlyonefullsiblingwiththegrandfather.Theywould

share, after the allotting of the fixed shares, the remainder of the inheritance between themequally.If therewerealsotwohalf-siblingsbythefather,theirnumberisaddedto 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- siblingsbythefatherdonotgetanythingwith themunlessthefullsiblingsconsistofone sister. If there isonefull sister, she includesthe grandfather with thehalf-siblings byher 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 ishalf ofthetotalcapital.If thereissurplusbeyondhalf ofallthecapitalinwhatsheand 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.”

MALIKSMUWATTABOOK27.FARA’ID

MaliksMuwatta Book 27, HadithNumber 4.

Section:InheritanceofGrandmothers.

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,whenhegavethegrandmotherasixth.’AbuBakrsaid,‘Wasthereanybodyelse 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

nothingintheBookofAllah,andwhathasbeendecidedisonlyforotherthanyou,andI 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.”

MALIKSMUWATTABOOK27.FARA’ID

MaliksMuwatta Book 27, HadithNumber 5.

Section:InheritanceofGrandmothers.

YahyarelatedtomefromMalikfromYahyaibnSaidthatal-QasimibnMuhammadsaid, “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.”

MALIKSMUWATTABOOK27.FARA’ID

MaliksMuwatta Book 27, HadithNumber 6.

Section:InheritanceofGrandmothers.

YahyarelatedtomefromMalikfromAbduRabbihibnSaidthatAbuBakribnAbdar- 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 givenasixthasafixedshare.Thepaternalgrandmotherdoesnotinheritanythingalong 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 thepaternalgrandmother.Ifthepaternalgrandmotherisnearer,ortheyareinthesame position in relation to the deceased, the sixth is divided equally between them.”

Maliksaid,“Noneofthefemalegrand-relationsexceptforthesetwohasanyinheritance 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.

AnothergrandmothercametoUmaribnal-Khattab,andhesaid,‘Iamnotonetoaddto 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.”

MALIKSMUWATTABOOK27.FARA’ID

MaliksMuwatta Book 27, HadithNumber 7.

Section:InheritanceofGrandmothers.

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab asked theMessengerofAllah,mayAllahblesshimandgranthimpeace,aboutsomeonewho died without parents or offspring, and the Messenger of Allah, mayAllah bless him and

granthimpeace,saidtohim,“Theayatwhichwassentdowninthesummerattheend of the Surat an-Nisa (Sura 4) is enough for you.”

Maliksaid,“Thegenerallyagreedonwayofdoingthingsamongus,inwhichthereisno 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 amanor awoman has no directheir,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, ‘Theywill ask you fora 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 aretwosisters,theyshallreceivetwo-thirdsof whatheleaves.If therearebrothersand 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 becausehe ismoreentitled 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 bythe mother and keeps themfrominheriting.Heismoreentitledtowhattheyhavebecausetheyareomittedfor 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.”

MALIKSMUWATTABOOK27.FARA’ID

MaliksMuwatta Book 27, HadithNumber 8.

Section:PaternalAunts.

Yahya related to me from Malik from Muhammad ibn Abi Bakr ibn Muhammad ibn AmribnHazmthatAbdar-RahmanibnHanthalaaz-Zurqiwasinformedbyamawlaof 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-bowlin whichtherewaswater.Heerasedtheletterinit.Thenhesaid,“Had

Allahapprovedofyouasanheir,wewouldhaveconfirmedyou.HadAllahapprovedof you, we would have confirmed you.”

MALIKSMUWATTABOOK27.FARA’ID

MaliksMuwatta Book 27, HadithNumber 9A.

Section:PaternalAunts.

YahyarelatedtomefromMalikthatMuhammadibnAbiBakribnHazmheardhisfather saymanytimes, ”Umar ibn al-Khattab usedto say, ‘It is a wonder that the paternal aunt is inherited from and does not inherit.’”

MALIKSMUWATTABOOK27.FARA’ID

MaliksMuwatta Book 27, HadithNumber 9B.

Section:InheritanceofPaternalRelations.

Maliksaid,“Thegenerallyagreedonwayofdoingthingsamongus,inwhichthereisno 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 sonsof the sons of the fullbrothers.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 brotherof thefather.The paternal uncle, thefullbrother of thefather, is more entitledto 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,thefullbrotherofthepaternalgrandfather.”

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 afather, then make his inheritance to the one who reaches him by the nearest father, rather than the one who reaches him by what is above that. If you find that they allreach him by the same father who joins them, then see who is the nearest of kin. Ifthere is only one half-brother by the father, give him the inheritance rather than more distant paternal relations. If thereis a full brother and you find them equallyrelated from anumberoffathersortooneparticularfathersothattheyallreachthegenealogyofthe deceased and they are all half-brothers by the father or full brothers, then divide the inheritanceequallyamongthem.If theparentof oneof them isanuncle(thefull-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 brotherof thefatherratherthanthesonsof thepaternalhalf-brotherof thefather.That is because Allah, the Blessed, the Exalted, said, ‘Those related byblood are nearer to one another in the Book of Allah, surely Allah has knowledge of everything.’”

Malik said, “The paternal grandfather, is more entitled to inherit than sons of the full- brother, and more entitled than the uncle, the full brother of the father. The son of the father’sbrotherismoreentitledtoinheritfrommawaliretainers(freedslaves)thanthe grandfathers.”

MALIKSMUWATTABOOK27.FARA’ID

MaliksMuwatta Book 27, HadithNumber 9C.

Section:PeoplewhodoNot 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 ofthe half-sibling by the mother, the paternal grandfather, the paternal uncle who is the maternalhalf-brotherofthefather,thematernaluncle,thegreat-grandmotherwhoisthe mother of themother’sfather, the daughter of thefull-brother, the paternal aunt, and the maternal aunt do not inherit anything by their kinship.”

Malik said, “The woman who is the furthest relation of the deceased of those who were named in this book, does not inherit anything by her kinship, and women do not inherit anythingapartfromthosethatarenamedintheQur’an.Allah,theBlessed,theExalted, mentioned 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, said in His Book, ‘They are your brothers in the deen and your mawali.’”

MALIKSMUWATTABOOK27.FARA’ID

MaliksMuwatta Book 27, HadithNumber 10.