كتاب 36
36
Book 36
(36)
Chapter 36
(36)
باب 36
Muwatta Malik 1512
Yahya said that he heard Malik say, "The way of doing things
generally agreed upon in our community in the case of a man who dies
and has sons and one of them claims, 'My father confirmed that so-and-
so was his son,' is that the relationship is not established by the
testimony of one man, and the confirmation of the one who confirmed it
is only permitted as regards his own share in the division of his
father's property. The one testified for is only given his due from
the share of the testifier."
Malik said, "An example of this
is that a man dies leaving two sons, and 600 dinars. Each of them
takes 300 dinars. Then one of them testifies that his deceased father
confirmed that so-and-so was his son. The one who testifies is obliged
to give 100 dinars to the one thus connected. This is half of the
inheritance of the one thought to be related, had he been related. If
the other confirms him, he takes the other 100 and so he completes his
right and his relationship is established. His position is similar to
that of a woman who confirms a debt against her father or her husband
and the other heirs deny it. She must pay to the person whose debt she
confirms, the amount according to her share of the full debt, had it
been confirmed against all the heirs. If the woman inherits an eighth,
she pays the creditor an eighth of his debt. If a daughter inherits a
half, she pays the creditor half of his debt. Whichever women confirm
him, pay him according to this.
Malik said, "If a man's
testimony is in agreement with what the woman testified to, that so-
and-so had a debt against his father, the creditor is made to take an
oath with one witness and he is given all his due. This is not the
position with women because a man's testimony is allowed and the
creditor must take an oath with the testimony of his witness, and take
all his due. If he does not take an oath, he only takes from the
inheritance of the one who confirmed him according to his share of the
debt, because he confirmed his right and the other heirs denied it. It
is permitted for him to confirm it."
| Reference | : Muwatta Malik 1512 |
| In-book reference | : Book 36, Hadith 35690 |
| USC-MSA web (English) reference | : Book 7, Hadith 1512 |
| (deprecated numbering scheme) |
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