كتاب 27
27
Book 27
(27)
Chapter 27
(27)
باب 27
Muwatta Malik 1128
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, they are in it 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 have 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 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 is because
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 therefore share in this case
because all of them are siblings of the deceased by the mother."
| Reference | : Muwatta Malik 1128 |
| In-book reference | : Book 27, Hadith 35306 |
| USC-MSA web (English) reference | : Book 7, Hadith 1128 |
| (deprecated numbering scheme) |
Report Error | | Copy ▼