Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that Abu Said alKhudri returned from a journey and his family gave him some meat. He asked whether it was meat from the sacrifice. They replied that it was. Abu Said said, "Didn't the Messenger of Allah, may Allah bless him and grant him peace, forbid that?" They said, "There has been a new command from the Messenger of Allah, may Allah bless him and grant him peace, since you went away." Abu Said went out and made enquiries about it and was told that the Messenger of Allah, may Allah bless him and grant him peace, had said,"I forbade you before to eat meat of the sacrifice after three days, but now eat, give sadaqa and store up. I forbade you before to make nabidh (by soaking raisins or dates in water), but now make nabidh, but remember every intoxicant is haram .I forbade you to visit graves, but now visit them, and do not use bad language."
| Sunnah.com reference | : Book 23, Hadith 8 |
| USC-MSA web (English) reference | : Book 23, Hadith 8 |
| Arabic reference | : Book 23, Hadith 1038 |
Yahya related to me from Malik from Abu'z-Zubayr al-Makki that Jabir ibn Abdullah said, "We sacrificed with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Hudaybiya, a camel between seven people, and a cow between seven people."
| Sunnah.com reference | : Book 23, Hadith 9 |
| USC-MSA web (English) reference | : Book 23, Hadith 9 |
| Arabic reference | : Book 23, Hadith 1039 |
Yahya related to me from Malik from Umara ibn Yasar that Ata ibn Yasar told him that Abu Ayyub al-Ansari had told him, "We used to sacrifice one sheep, and a man sacrificed for himself and his family. Then later on people began to compete with each other and it became boasting."
Malik said, "The best that I have heard about a single camel, cow or sheep, is that a man should sacrifice a camel for himself and his family. He sacrifices a cow or sheep which he owns for his family, and shares with them in it. It is disapproved for a group of people to buy a camel, cow or sheep, to share for the ritual and sacrifices, each man giving a share of its price, and taking a share of its meat. We have heard the tradition that people do not share in the ritual. However, it may be that the people of one household can share."
| Sunnah.com reference | : Book 23, Hadith 10 |
| USC-MSA web (English) reference | : Book 23, Hadith 10 |
| Arabic reference | : Book 23, Hadith 1040 |
Yahya related to me from Malik that Ibn Shihab said, "The Messenger of Allah, may Allah bless him and grant him peace, only sacrificed one camel or one cow for himself and his family."
Malik said, "I do not know which of them Ibn Shihab said."
| Sunnah.com reference | : Book 23, Hadith 11 |
| USC-MSA web (English) reference | : Book 23, Hadith 11 |
| Arabic reference | : Book 23, Hadith 1041 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "The sacrifice can be done up to two days after the Day of Sacrifice."
Yahya related to me from Malik that he had heard the same from Ali ibn Abi Talib.
| Sunnah.com reference | : Book 23, Hadith 12 |
| USC-MSA web (English) reference | : Book 23, Hadith 12 |
| Arabic reference | : Book 23, Hadith 1042 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar did not sacrifice for the child in the womb.
Malik said, "The sacrifice is sunna, and it is not obligatory. I prefer that anyone who has the price of the animal should not abandon it.''
| Sunnah.com reference | : Book 23, Hadith 13 |
| USC-MSA web (English) reference | : Book 23, Hadith 13 |
| Arabic reference | : Book 23, Hadith 1044 |
Yahya related to me from Malik from Hisham ibn Urwa that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, was asked, 'Messenger of Allah! Some people from the desert bring us meat, and we do not know whether the name of Allah has been mentioned over it or not.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Mention the name of Allah over it and eat.' "
Malik said, "That was in the beginning of Islam."
| Sunnah.com reference | : Book 24, Hadith 1 |
| USC-MSA web (English) reference | : Book 24, Hadith 1 |
| Arabic reference | : Book 24, Hadith 1045 |
Yahya related to me from Malik from Yahya ibn Said that Abdullah ibn Ayyash ibn Abi Rabia al-Makhzumi ordered one of his slaves to slaughter an animal. When he wanted to slaughter it, he said to him, "Mention Allah's name." The slave said to him, "I have mentioned the name!" He said to him, "Mention the name of Allah, bother you!" He said to him, "I have mentioned the name of Allah " Abdullah ibn Ayyash said, "By Allah, I shall never eat it!"
| Sunnah.com reference | : Book 24, Hadith 2 |
| USC-MSA web (English) reference | : Book 24, Hadith 2 |
| Arabic reference | : Book 24, Hadith 1046 |
Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that a man from the Ansar of the tribe of Banu Haritha was herding a pregnant she-camel at Uhud. It was about to die, so he slaughtered it with a sharp stake. The Messenger of Allah was asked about that, and he said, "There is no harm in it, eat it."
| Sunnah.com reference | : Book 24, Hadith 3 |
| USC-MSA web (English) reference | : Book 24, Hadith 3 |
| Arabic reference | : Book 24, Hadith 1047 |
Yahya related to me from Malik from Nafi from a man of the Ansar from Muadh ibn Sad or Sad ibn Muadh that a slave-girl of Kab ibn Malik was herding some sheep at Sal (a mountain near Madina). One of the sheep was about to die, so she went over to it and slaughtered it with a stone. The Messenger of Allah, may Allah bless him and grant him peace, was asked about that, and he said, "There is no harm in it, so eat it."
| Sunnah.com reference | : Book 24, Hadith 4 |
| USC-MSA web (English) reference | : Book 24, Hadith 4 |
| Arabic reference | : Book 24, Hadith 1048 |
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Abdullah ibn Abbas was asked about animals slaughtered by the
Christian Arabs. He said, "There is no harm in them," but he recited this ayat, "Whoever takes them as friends is from them." (Sura 5 ayat 54).
| Sunnah.com reference | : Book 24, Hadith 5 |
| USC-MSA web (English) reference | : Book 24, Hadith 5 |
| Arabic reference | : Book 24, Hadith 1049 |
Yahya related to me from Malik from Yahya ibn Said that Abu Murra, the mawla of Aqil ibn Abi Talib asked Abu Hurayra about a sheep which was slaughtered and then part of it moved. He ordered him to eat it. Then he asked Zayd ibn Thabit about it, and he said, "Does a corpse move?" and he forbade eating its meat.
Malik was asked about a sheep which fell down and injured itself badly and then its master reached it and slaughtered it. Blood flowed from it but it did not move. Malik said, "If he kills it and blood flows from it and its eyes blink, he should eat it."
| Sunnah.com reference | : Book 24, Hadith 8 |
| USC-MSA web (English) reference | : Book 24, Hadith 7 |
| Arabic reference | : Book 24, Hadith 1052 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "When a she-camel is slaughtered, what is in its womb is included in the slaughter if it is perfectly formed and its hair has begun to grow. If it comes out of its mother's womb, it is slaughtered so that blood flows from its heart."
| Sunnah.com reference | : Book 24, Hadith 9 |
| USC-MSA web (English) reference | : Book 24, Hadith 8 |
| Arabic reference | : Book 24, Hadith 1053 |
Yahya related to me from Malik from Yazid ibn Abdullah ibn Qusayt al-Laythi that Said ibn al- Musayyab said, "The slaughter of what is in the womb is included in the slaughter of the mother if it is perfectly formed and its hair has begun to grow."
| Sunnah.com reference | : Book 24, Hadith 10 |
| USC-MSA web (English) reference | : Book 24, Hadith 9 |
| Arabic reference | : Book 24, Hadith 1054 |
ahya related to me from Malik that Nafi said, "I was at al-Juruf (near Madina) and threw a stone at two birds, and hit them. One of them died, and Abdullah ibn Umar threw it away, and then went to slaughter the other one with an adze. It died before he could slaughter it, so Abdullah threw that one away as well."
| USC-MSA web (English) reference | : Book 25, Hadith 1 |
| Arabic reference | : Book 25, Hadith 1055 |
Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad disapproved of eating game that had been killed with throwing sticks and by clay pellets.
| USC-MSA web (English) reference | : Book 25, Hadith 2 |
| Arabic reference | : Book 25, Hadith 1056 |
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab disapproved of killing domestic animals that had become wild by any means that game was slain such as arrows and the like.
Malik said, "I do not see any harm in eating game which is pierced by a throwing stick in a vital organ.
Allah, the Blessed, the Exalted! said, 'Oh you who believe! Allah will surely try you with something of the game that your hands and spears attain.' " (Sura 5 ayat 97).
Yahya said, "Any game that man obtains by his hand or by his spear or by any weapon which pierces it and reaches a vital organ, is acceptable as Allah, the Exalted, has said."
| USC-MSA web (English) reference | : Book 25, Hadith 3 |
| Arabic reference | : Book 25, Hadith 1057 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said about a trained dog, "Eat whatever it catches for you whether it eats from it or not."
| USC-MSA web (English) reference | : Book 25, Hadith 5 |
| Arabic reference | : Book 25, Hadith 1058 |
Yahya related to me from Malik that he heard Nafi say that Abdullah ibn Umar said, "Whether it eats from it or not."
| USC-MSA web (English) reference | : Book 25, Hadith 6 |
| Arabic reference | : Book 25, Hadith 1059 |
Yahya related to me from Malik that he had heard that Sad ibn Abi Waqqas had said, when asked about a trained dog killing game, "Eat, even if only one piece of it remains."
| USC-MSA web (English) reference | : Book 25, Hadith 7 |
| Arabic reference | : Book 25, Hadith 1060 |
Yahya related to me from Malik that he had heard some of the people of knowledge say that when falcons, eagles, and hawks and their like, understood as trained dogs understood, there was no harm in eating what they had killed in the course of hunting, if the name of Allah had been mentioned when they were sent out.
Malik said, "The best of what I have heard about retrieving game from the falcon's talons or from the dog's fangs and then waiting until it dies, is that it is not halal to eat it."
Malik said, "The same applies to anything which could have been slaughtered by the hunter when it was in the talons of the falcon or the fangs of the dog. If the hunter leaves it until the falcon or dog has killed it, it is not halal to eat it either". He continued, "The same thing applies to any game hit by a hunter and caught while still alive, which he neglects to slaughter before it dies."
Malik said, "It is generally agreed among us that it is halal to eat the game that a hunting-dog belonging to magians hunts or kills, if it is sent out by a muslim and the animal is trained. There is no harm in it even if the muslim does not actually slaughter it.
It is the same as a muslim using a magian's knife to slaughter with or using his bow and arrows to shoot and kill with. The game he shot and the animal he slaughters are halal. There is no harm in eating them. If a magian sends out a muslim's hunting dog for game, and it catches it, the game is not to be eaten unless it is slaughtered by a muslim. That is like a magian using a muslim's bow and arrow to hunt game with, or like his using a muslim's knife to slaughter with. It is not halal to eat anything killed like that.
| USC-MSA web (English) reference | : Book 25, Hadith 8 |
| Arabic reference | : Book 25, Hadith 1060 |
Yahya related to me from Malik from Nafi that Abd ar-Rahman ibn Abi Hurayra asked Abdullah ibn Umar about eating what was cast up by the sea and he forbade him to eat it. Then Abdullah turned and asked for a Qur'an, and read, "The game of the sea and its flesh are halal for you." Nafi added, "Abdullah ibn Umar sent me to Abdar-Rahman Ibn Abi Hurayra to say that there was no harm in eating it."
| USC-MSA web (English) reference | : Book 25, Hadith 9 |
| Arabic reference | : Book 25, Hadith 1061 |
Yahya related to me from Malik from Zayd ibn Aslam that Sad al- Jari, the mawla of Umar ibn al-Khattab asked Abdullah ibn Umar about fish which had killed each other or which had died from severe cold . He said, "There is no harm in eating them.'' Sad said,' 'I then asked Abdullah ibn Amr ibn al As and he said the same."
| USC-MSA web (English) reference | : Book 25, Hadith 10 |
| Arabic reference | : Book 25, Hadith 1062 |
Yahya related to me from Malik from Abu'z-Zinad from Abu Salama ibn Abd ar-Rahman from Abu Hurayra and Zayd ibn Thabit that they saw no harm in eating what was cast up by the sea.
| USC-MSA web (English) reference | : Book 25, Hadith 11 |
| Arabic reference | : Book 25, Hadith 1063 |
Yahya related to me from Malik from Abu'z-Zinad from Abu Salama ibn Abd ar-Rahman that some people from al-Jar came to Marwan ibn al- Hakam and asked him about eating what was cast up by the sea. He said, "There is no harm in eating it." Marwan said, "Go to Zayd ibn Thabit and Abu Hurayra and ask them about it, then come to me and tell me what they say." They went to them and asked them, and they both said, "There is no harm in eating it " They returned to Marwan and told him. Marwan said, "I told you."
Malik said that there was no harm in eating fish caught by magians, because the Messenger of Allah, may Allah bless him and grant him peace, said, "In the sea's water is purity, and that which is dead in it is halal. "
Malik said, "If it is eaten when it is dead, there is no harm in who catches it."
| USC-MSA web (English) reference | : Book 25, Hadith 12 |
| Arabic reference | : Book 25, Hadith 1064 |
Yahya related to me from Malik from Ibn Shibab from Abu Idris al- Khawlani from Abu Tha~laba al-Khushani that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is haram to eat animals with fangs "
| USC-MSA web (English) reference | : Book 25, Hadith 13 |
| Arabic reference | : Book 25, Hadith 1065 |
Yahya related to me from Malik from Ismail ibn Abi Hakim from Abiyda ibn Sufyan al-Hadrami from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Eating animals with fangs is haram. "
Malik said, "This is the custom among us."
| USC-MSA web (English) reference | : Book 25, Hadith 14 |
| Arabic reference | : Book 25, Hadith 1066 |
Yahya related to me from Malik that the best of what he had heard about horses, mules, and donkeys was that they were not eaten because Allah, the Blessed, the Exalted,said, "And horses, and mules and asses, for you to ride, and as an adornment. " (Sura 16 ayat 8) . He said, may He be Blessed and Exalted, "In cattle, some of them you ride, and some of them you eat." (Sura 6 ayat 79). He said, the Blessed, the Exalted, "Mention Allah's name over what He has provided you of cattle, and eat of them and feed the beggar (al-qani) and the suppliant (al-mutarr). (Sura 22 ayat 34).
Malik said "Allah mentioned horses, mules, and donkeys for riding and adornment, and He mentioned cattle for riding and eating."
Malik said, "Al-qani also means the poor."
| USC-MSA web (English) reference | : Book 25, Hadith 15 |
Yahya related to me from Malik from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Abdullah ibn Abbas said, "The Messenger of Allah, may Allah bless him and grant him peace, passed by a dead sheep which had been given to a mawla of his wife, Maimuna. He said, ' Aren't you going to use its skin?' They said, 'Messenger of Allah, but it is carrion. 'The Messenger of Allah, may Allah bless him and grant him peace, said, 'Only eating it is haram.' "
| USC-MSA web (English) reference | : Book 25, Hadith 16 |
| Arabic reference | : Book 25, Hadith 1067 |
Malik related to me from Zayd ibn Aslam from Ibn Wala al-Misri from Abdullah ibn Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "A skin when it is tanned is pure."
| USC-MSA web (English) reference | : Book 25, Hadith 17 |
| Arabic reference | : Book 25, Hadith 1068 |
Yahya related to me from Malik from Yazid ibn Abdullah ibn Qusayt from Muhammad ibn Abd ar-Rahman ibn Thawban from his mother that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said that the Messenger of Allah, may Allah bless him and grant him peace, ordered that the skins of carrion be used after they had been tanned.
| USC-MSA web (English) reference | : Book 25, Hadith 18 |
| Arabic reference | : Book 25, Hadith 1069 |
Yahya related to me from Malik that the best of what he had heard about a man who is forced by necessity to eat carrion is that he ate it until he was full and then he took provision from it. If he found something which would enable him to dispense with it, he threw it away.
Malik when asked whether or not a man who had been forced by necessity to eat carrion, should eat it when he also found the fruit, crops or sheep of a people in that place, answered, "If he thinks that the owners of the fruit, crops, or sheep will believe his necessity so that he will not be deemed a thief and have his hand cut off, then I think that he should eat from whatever he finds that which will remove his hunger but he should not carry any of it away. I prefer that he does that than that he eat carrion. If he fears that he will not be believed, and will be deemed a thief for what he has taken, then I think that it is better for him to eat the carrion, and he has leeway to eat carrion in this respect. Even so, I fear that someone who is not forced by necessity to eat carrion might exceed the limits out of a desire to consume other peoples' property, crops or fruit."
Malik said, "That is the best of what I have heard."
| USC-MSA web (English) reference | : Book 25, Hadith 19 |
Yahya related to me from Zayd ibn Aslam from a man of the Banu Damra that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, was asked about the Aqiqa. He said, 'I do not like disobedience (uquq),' as if he disliked the name. He said, 'If anyone has a child born to him, and wants to sacrifice for his child, then let him do it.' "
| Sunnah.com reference | : Book 26, Hadith 1 |
| USC-MSA web (English) reference | : Book 26, Hadith 1 |
| Arabic reference | : Book 26, Hadith 1070 |
Yahya related to me from Malik from Jafar ibn Muhammad that his father said, "Fatima, the daughter of the Messenger of Allah, may Allah bless him and grant him peace, weighed the hair of Hasan, Husayn, Zaynab and Umm Kulthum, and gave away in sadaqa an equivalent weight of silver."
| Sunnah.com reference | : Book 26, Hadith 2 |
| USC-MSA web (English) reference | : Book 26, Hadith 2 |
| Arabic reference | : Book 26, Hadith 1071 |
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that Muhammad ibn Ali ibn al-Husayn said, "Fatima, the daughter of the Messenger of Allah, may Allah bless him and grant him peace, weighed the hair of Hasan and Husayn, and gave away in sadaqa the equivalent weight in silver."
| Sunnah.com reference | : Book 26, Hadith 3 |
| USC-MSA web (English) reference | : Book 26, Hadith 3 |
| Arabic reference | : Book 26, Hadith 1072 |
Yahya related to me from Malik from Nafi that if any of Abdullah ibn Umar's family asked him for an aqiqa, he would give it to them. He gave a sheep as aqiqa for both his male and female children.
| Sunnah.com reference | : Book 26, Hadith 4 |
| USC-MSA web (English) reference | : Book 26, Hadith 4 |
| Arabic reference | : Book 26, Hadith 1073 |
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that Muhammad ibn Ibrahim ibn al-Harith at-Taymi said, "I heard my father say that the aqiqa was desirable, even if it was only a sparrow."
| Sunnah.com reference | : Book 26, Hadith 5 |
| USC-MSA web (English) reference | : Book 26, Hadith 5 |
| Arabic reference | : Book 26, Hadith 1074 |
Yahya related to me from Malik that he heard that there had been an aqiqa for Hasan and Husayn, the sons of Ali ibn Abi Talib.
| Sunnah.com reference | : Book 26, Hadith 6 |
| USC-MSA web (English) reference | : Book 26, Hadith 64 |
| Arabic reference | : Book 26, Hadith 1075 |
Yahya related to me from Malik from Hisham ibn Urwa that his father, Urwa ibn az-Zubayr made an aqiqa for his male and female children of a sheep each.
Malik said, "What we do about the aqiqa is that if someone makes an aqiqa for his children, he gives a sheep for both male and female. The aqiqa is not obligatory but it is desirable to do it, and people continue to come to us about it. If someone makes an aqiqa for his children, the same rules apply as with all sacrificial animals - one-eyed, emaciated, injured, or sick animals must not be used, and neither the meat or the skin is to be sold. The bones are broken and the family eat the meat and give some of it away as sadaqa. The child is not smeared with any of the blood .''
| Sunnah.com reference | : Book 26, Hadith 7 |
| USC-MSA web (English) reference | : Book 26, Hadith 7 |
| Arabic reference | : Book 26, Hadith 1076 |
Yahya related to me from Malik, "The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance of children from the mother or father when one or other of them dies is that if they leave male and female children, the male takes the portion of two females. If there are only females, and there are more than two, they get two thirds of what is left between them. If there is only one, she gets a half. If someone shares with the children, who has a fixed share and there are males among them, the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance.
"When there are no children, grandchildren through sons have the same position as children, so that grandsons are like sons and grand-daughters are like daughters. They inherit as they inherit and they overshadow as they overshadow. If there are both children and grandchildren through sons, and there is a male among the children, then the grandchildren through sons do not share in the inheritance with him.
"If there is no surviving male among the children, and there are two or more daughters, the granddaughters through a son do not share in the inheritance with them unless there is a male who is in the same position as them in relation to the deceased, or further than them. His presence gives access to whatever is left over, if any, to whoever is in his position and whoever is above him of the granddaughters through sons. If something is left over, they divide it among them, and the male takes the portion of two females. If nothing is left over, they have nothing.
"If the only descendant is a daughter, she takes half, and if there are one or more grand-daughters through a son who are in the same position to the deceased, they share a sixth. If there is a male in the same position as the granddaughters through a son in relation to the deceased, they have no share and no sixth .
"If there is a surplus after the allotting of shares to the people with fixed shares, the surplus goes to the male and whoever is in his position and whoever is above him of the female descendants through sons. The male has the share of two females. The one who is more distant in relationship than grandchildren through sons has nothing. If there is no surplus, they have nothing. That is because Allah, the Blessed, the Exalted, said in His Book, 'Allah charges you about your children that the male has the like of the portion of two females. If there are more than two women they have two thirds of what is left. If there is one, she has a half.' (Sura 4 ayat 10)
| USC-MSA web (English) reference | : Book 27, Hadith 0 |
Malik said, "The inheritance of a husband from a wife when she leaves no children or grandchildren through sons is a half. If she leaves children or grandchildren through sons, male or female, by her present or previous husbands, the husband has a quarter after bequests or debts. The inheritance of a wife from a husband who does not leave children or grandchildren through sons is a quarter. If he leaves children or grandchildren through sons, male or female, the wife has an eighth after bequests and debts. That is because Allah, the Blessed, the Exalted! said in His Book, 'You have a half of what your wives leave if they have no children. If they have children, you have a fourth of what they leave after bequests and debts. They have a fourth of what you leave if you have no children. If you have children, they have an eighth after bequests or debts.' " (Sura4ayat 11).
| USC-MSA web (English) reference | : Book 27, Hadith 0 |
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."
| USC-MSA web (English) reference | : Book 27, Hadith 0 |
Malik said, "The generally agreed upon way of doing things among us is that maternal half-siblings do not inherit anything when there are children or grandchildren through sons, male or female. They do not inherit anything when there is a father or the father's father. They inherit in what is outside of that. If there is only one male or female, they are given a sixth. If there are two, each of them has a sixth. If there are more than that, they share in a third which is divided among them. The male does not have portion of two females. That is because Allah, the Blessed, the Exalted, says in His Book, 'If a man or woman has no direct heir, and he has a brother or sister, by the mother, each of them has a sixth. If there are more than two, they share equally in a third.' " (Sura 4 ayat 12).
| USC-MSA web (English) reference | : Book 27, Hadith 0 |
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."
| USC-MSA web (English) reference | : Book 27, Hadith 0 |
Malik said, "The generally agreed on wayof doing things among us is that when there are no full siblings with them, half-siblings by the father take the position of full siblings. Their males are like the males of the full siblings, and their females are like their females except in the case where the half-siblings by the mother and the full siblings share, because they are not offspring of the mother who joins these."
Malik said, "If there are both full siblings and half-siblings by the father and there is a male among the full siblings none of the half-siblings by the father have any inheritance. If there is one or more females in the full siblings and there is no male with them, the one full sister gets a half, and the half sister by the father gets a sixth, completing the two-thirds. If there is a male with the half-sisters by the father, they have no share. The people of fixed shares are given their shares and if there is something left after that it is divided between the half-siblings by the father. The male has the portion of two females. If there is nothing left over, they get nothing. If the full siblings consist of two or more females, they get two-thirds, and the half-sisters by the father get nothing with them unless there is a half-brother by the father with them. If there is a half-brother by the father with them, the people of fixed shares are given their shares and if there is something left over after that, it is divided between the half- siblings by the father. The male gets the portion of two females. If there is nothing left over, they get nothing. Half-siblings by the mother, full-siblings, and half-siblings by the father, each have a sixth (when they are onlyone). Two and more share a third. The male has the same portion as the female. They are in the same position in it."
| USC-MSA web (English) reference | : Book 27, Hadith 0 |
Yahya related to me from Malik from Yahya ibn Said that he had heard that Muawiya ibn Abi Sufyan wrote to Zayd ibn Thabit asking him about the grandfather. Zayd ibn Thabit wrote to him, "You have written to me asking me about the grandfather. Allah knows best. That is part of what is only determined by the amirs, i.e. the khalifs. I was present with two khalifs before you who gave the grandfather a half with one sibling, and a third with two. If there were more siblings, they did not decrease his third."
| USC-MSA web (English) reference | : Book 27, Hadith 1 |
| Arabic reference | : Book 27, Hadith 1077 |
Yahya related to me from Malik from Ibn Shihab from Qabisa ibn Dhu'ayba that Umar ibn al-Khattab gave the grandfather "what people give him today."
| USC-MSA web (English) reference | : Book 27, Hadith 2 |
| Arabic reference | : Book 27, Hadith 1078 |
Yahya related to me from Malik that he had heard that Sulayman ibn Yasar said, ''Umar ibn al-Khattab, Uthman ibn Affan, andZayd ibn Thabit gave the grandfather a third with full siblings". Malik said, "The generally agreed on way of doing things among us and what I have seen the people of knowledge in our city doing is that the paternal grandfather does not inherit anything at all with the father. He is given a sixth as a fixed share with the son and the grandson through a son. Other than that, when the deceased does not leave a mother or a paternal aunt, one begins with whoever has a fixed share, and they are given their shares. If there is a sixth of the property left over, the grandfather is given a sixth as a fixed share."
Malik said, "When someone shares with the grandfather and the full siblings in a specified share, one begins with whoever shares with them of the people of fixed shares. They are given their shares. What is left over after that belongs to the grandfather and the full siblings. Then one sees which is the more favourable of two alternatives for the portion of the grandfather. Either a third is allotted to him and the siblings to divide between them, and he gets a share as if he were one of the siblings, or else he takes a sixth from all the capital. Whichever is the best portion for the grandfather is given to him. What is left after that, goes to the full siblings. The male gets the portion of two females except in one particular case. The division in this case is different from the preceding one. This case is when a woman dies and leaves a husband, mother, full sister and grandfather. The husband gets a half, the mother gets a third, the grandfather gets a sixth, and the full sister gets a half. The sixth of the grandfather and the half of the sister are joined and divided into thirds. The male gets the share of two females. Therefore, the grandfather has two thirds, and the sister has one third."
Malik said, "The inheritance of the half-siblings by the father with the grandfather when there are no full siblings with them, is like the inheritance of the full siblings (in the same situation). The males are the same as their males and the females are the same as their females. When there are both full siblings and half-siblings by the father, the full siblings include in their number the number of half-siblings by the father, to limit the inheritance of the grandfather, i.e., if there was only one full sibling with the grandfather. They would share, after the allotting of the fixed shares, the remainder of the inheritance between them equally. If there were also two half-siblings by the father, their number is added to the division of the sum, which would then be divided four ways. A quarter going to the grandfather and three-quarters going to the full siblings who annex the shares technically allotted to the half-siblings by the father. They do not include the number of half-siblings by the mother, because if there were only half-siblings by the father they would not inherit anything with the grandfather and all the capital would belong to the grandfather, and so the siblings would not get anything after the portion of the grandfather.
"It belongs to the full siblings more than the half-siblings by the father, and the half-siblings by the father do not get anything with them unless the full siblings consist of one sister. If there is one full sister, she includes the grandfather with the half-siblings by her father in the division, however many. Whatever remains for her and these half-siblings by the father goes to her rather than them until she has had her complete share, which is half of the total capital. If there is surplus beyond half of all the capital in what she and the half-siblings by the father acquire it goes to them. The male has the portion of two females. If there is nothing left over, they get nothing."
| USC-MSA web (English) reference | : Book 27, Hadith 31 |
| Arabic reference | : Book 27, Hadith 1079 |
Yahya related to me from Malik from Ibn Shihab from Uthman ibn Ishaq ibn Kharasha that Qabisa ibn Dhu'ayb said, "A grandmother came to Abu Bakr as-Siddiq and asked him for her inheritance. Abu Bakr said to her, 'You have nothing in the Book of Allah, and I do not know that you have anything in the sunna of the Messenger of Allah, may Allah bless him and grant him peace. Go away therefore, until I have questioned the people.' (i.e.the Companions). He questioned the people, and al-Mughira ibn Shuba said, 'I was present with the Messenger of Allah, may Allah bless him and grant him peace, when he gave the grandmother a sixth.' Abu Bakr said, 'Was there anybody else with you?' Muhammad ibn Maslama al-Ansari stood up and said the like of what al-Mughira said. Abu Bakr as-Siddiq gave it to her. Then the other grandmother came to Umar ibn al-Khattab and asked him for her inheritance. He said to her, "You have nothing in the Book of Allah, and what has been decided is only for other than you, and I am not one to add to the fixed shares, other than that sixth. If there are two of you together, it is between you. If eitherof you is left alone with it, it is hers."
| USC-MSA web (English) reference | : Book 27, Hadith 4 |
| Arabic reference | : Book 27, Hadith 1080 |
Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad said, "Two grandmothers came to Abu Bakr asSiddiq, and he wanted to give the sixth to the one who was from the mother's side, and a man of the Ansar said, 'What? Are you omitting the one from whom he would inherit if she died while he was alive?' Abu Bakr divided the sixth between them.~
| USC-MSA web (English) reference | : Book 27, Hadith 5 |
| Arabic reference | : Book 27, Hadith 1081 |