كتاب 27
27
Book 27
(27)
Chapter 27
(27)
باب 27
Muwatta Malik 1124
Yahya related to me from Malik, "The generally agreed upon way of
doing things among us and what I have seen the people of knowledge
doing in our city about the fixed shares of inheritance of children
from the mother or father when one or other of them dies is that if
they leave male and female children, the male takes the portion of two
females. If there are only females, and there are more than two, they
get two thirds of what is left between them. If there is only one, she
gets a half. If someone shares with the children, who has a fixed
share and there are males among them, the reckoner begins with the
ones with fixed shares. What remains after that is divided among the
children according to their inheritance.
"When there are no
children, grandchildren through sons have the same position as
children, so that grandsons are like sons and grand-daughters are like
daughters. They inherit as they inherit and they overshadow as they
overshadow. If there are both children and grandchildren through sons,
and there is a male among the children, then the grandchildren through
sons do not share in the inheritance with him.
"If there is
no surviving male among the children, and there are two or more
daughters, the granddaughters through a son do not share in the
inheritance with them unless there is a male who is in the same
position as them in relation to the deceased, or further than them.
His presence gives access to whatever is left over, if any, to whoever
is in his position and whoever is above him of the granddaughters
through sons. If something is left over, they divide it among them,
and the male takes the portion of two females. If nothing is left
over, they have nothing.
"If the only descendant is a
daughter, she takes half, and if there are one or more grand-daughters
through a son who are in the same position to the deceased, they share
a sixth. If there is a male in the same position as the granddaughters
through a son in relation to the deceased, they have no share and no
sixth .
"If there is a surplus after the allotting of shares
to the people with fixed shares, the surplus goes to the male and
whoever is in his position and whoever is above him of the female
descendants through sons. The male has the share of two females. The
one who is more distant in relationship than grandchildren through
sons has nothing. If there is no surplus, they have nothing. That is
because Allah, the Blessed, the Exalted, said in His Book, 'Allah
charges you about your children that the male has the like of the
portion of two females. If there are more than two women they have two
thirds of what is left. If there is one, she has a half.' (Sura 4 ayat
10)
| Reference | : Muwatta Malik 1124 |
| In-book reference | : Book 27, Hadith 35302 |
| USC-MSA web (English) reference | : Book 7, Hadith 1124 |
| (deprecated numbering scheme) |
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