كتاب 27
27
Book 27
(27)
Chapter 27
(27)
باب 27
Muwatta Malik 1139
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, 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 sons of the sons of the full brothers. 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 brother of the father.
The paternal uncle, the full brother of the father, is more entitled
to inherit than the paternal uncle, the half-brotherof 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, the full brother of the paternal
grandfather."
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 a father, 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 all reach him by the same
father who joins them, then see who is the nearest of kin. If there is
only one half-brother by the father, give him the inheritance rather
than more distant paternal relations. If there is a full brother and
you find them equally related from a number of fathers or to one
particular father so that they all reach the genealogy of the deceased
and they are all half-brothers by the father or full brothers, then
divide the inheritance equally among them. If the parent of one of
them is an uncle (the full-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
brother of the father rather than the sons of the paternal half-
brother of the father. That is because Allah, the Blessed, the
Exalted, said, 'Those related by blood 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's brother is more
entitled to inherit from mawali retainers (freed slaves) than the
grandfathers."
| Reference | : Muwatta Malik 1139 |
| In-book reference | : Book 27, Hadith 35317 |
| USC-MSA web (English) reference | : Book 7, Hadith 1139 |
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