كتاب 37
37
Book 37
(37)
Chapter 37
(37)
باب 37
Muwatta Malik 1555
Yahya said that he heard Malik say, "The best of what I have
heard about the testament of a pregnant woman and about what
settlements she is permitted in her property is that the pregnant
woman is like the sick person. When the illness is light, and one does
not fear for the sick person, he does with his property what he likes.
If the illness is such that his life is feared for, he can only
dispose of a third of his estate."
He said, "It is the same
with a woman who is pregnant. The beginning of pregnancy is good news
and joy. It is not illness and no fear because Allah the Blessed, the
Exalted, said in His Book, 'We gave her good news of Ishaq and after
Ishaq, Yaqub.' (Sura ll ayat 71). And He said, 'She bore a light
burden and passed by with it, but when she became heavy, they called
upon Allah, their Lord, "If you give us a good-doing son, we will be
among the thankful." '(Sura 7 ayat 189).
"When a pregnant
woman becomes heavy, she is only permitted to dispose of a third of
her estate. The beginning of this restriction is after six months.
Allah, the Blessed, the Exalted, said in His Book, 'Mothers suckle
their children for two complete years.' And He said, 'his bearing and
weaning are thirty months.' (Sura 2 ayat 233).
"When six
months have passed for the pregnant woman from the day she conceived,
she is only permitted to dispose of a third of her property."
Yahya said that he heard Malik say, "A man who is advancing in the row
for battle, can only dispose of a third of his property. He is in the
same position as a pregnant woman or an ill person who is feared for,
as long as he is in that situation."
| Reference | : Muwatta Malik 1555 |
| In-book reference | : Book 37, Hadith 35733 |
| USC-MSA web (English) reference | : Book 7, Hadith 1555 |
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