كتاب 27
27
Book 27
(27)
Chapter 27
(27)
باب 27
Muwatta Malik 1126
Malik said, "The generally agreed on way of doing things among us
about which there is no dispute and what I have seen the people of
knowledge in our city doing is that when a father inherits from a son
or a daughter and the deceased leaves children, or grandchildren
through a son, the father has a fixed share of one sixth. If the
deceased does leave any children or male grandchildren through a son,
the apportioning begins with those with whom the father shares in the
fixed shares. They are given their fixed shares. If a sixth or more is
left over, the sixth and what is above it is given to the father, and
if there is less than a sixth left, the father is given his sixth as a
fixed share, (i.e. the other shares are adjusted.)
"The
inheritance of a mother from her child, if her son or daughter dies
and leaves children or male or female grandchildren through a son, or
leaves two or more full or half siblings is a sixth. If the deceased
does not leave any children or grandchildren through a son, or two or
more siblings, the mother has a whole third except in two cases. One
of them is if a man dies and leaves a wife and both parents. The wife
has a fourth, the mother a third of what remains, (which is a fourth
of the capital). The other is if a wife dies and leaves a husband and
both parents. The husband gets half, and the mother a third of what
remains, (which is a sixth of the capital). That is because Allah, the
Blessed, the Exalted, says in His Book, 'His two parents each have a
sixth of what he leaves if he has children. If he does not have
children, and his parents inherit from him, his mother has a third. If
he has siblings, the mother has a sixth.' (Sura 4 ayat 11). The sunna
is that the siblings be two or more."
| Reference | : Muwatta Malik 1126 |
| In-book reference | : Book 27, Hadith 35304 |
| USC-MSA web (English) reference | : Book 7, Hadith 1126 |
| (deprecated numbering scheme) |
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