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)
Section: Inheritance of Husbands from Wives and Wives
from Husbands
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).
Section: Inheritance of Fathers and Mothers from
Children
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."
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).
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."
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."
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."
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."
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."
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.~
Yahya related to me from Malik from Abdu Rabbih ibn
Said that Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn
Hisham only gave a fixed share to two grandmothers
(together).
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, is that the
maternal grandmother does not inherit anything at all with
the mother. Outside of that, she is given a sixth as a
fixed share. The paternal grandmotherdoes not inherit
anything along with the mother or the father. Outside of
that she is given a sixth as a fixed share." If both the
paternal grandmother and maternal grandmother are alive,
and the deceased does not have a father or mother outside
of them, Malik said,."I have heard that if the maternal
grandmother is the nearest of the two of them, then she
has a sixth instead of the paternal grandmother. If the
paternal grandmother is nearer, or they are in the same
position in relation to the deceased, the sixth is divided
equally between them."
Malik said, "None of the female grand-relations except
for these two has any inheritance because I have heard
that the Messenger of Allah, may Allah bless him and grant
him peace, gave the grandmother inheritance, and then Abu
Bakr asked about that until someone reliable related from
the Messenger of Allah, may Allah bless him and grant him
peace, that he had made the grandmother an heir and given
a share to her. Another grandmother came to Umar ibn al-Khattab,
and he said, 'I am not one to add to fixed shares. If
there are two of you together, it is between you. If
either of you is left alone with it, it is hers.' " Malik
said, "We do not know of anyone who made other than the
two grandmothers heirs from the beginning of Islam to this
day."
Yahya related to me from Malik from Zayd ibn Aslam that
Umar ibn al-Khattab asked the Messenger of Allah, may
Allah bless him and grant him peace, about someone who
died without parents or offspring, and the Messenger of
Allah, may Allah bless him and grant him peace, said to
him, "The ayat which was sent down in the summer at the
end of the Surat an-Nisa (Sura 4) is enoughfor you."
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, is that the
person who leaves neither parent or offspring can be of
two types. As for the kind described in the ayat which was
sent down at the beginning of the Surat an-Nisa in which
Allah, the Blessed, the Exalted! said, 'If a man or a
woman has no direct heir, but has a brother or a sister by
the mother, each of the two has a sixth. If there are more
than that, they share equally in a third.' (Sura 4 ayat
12) This heirless one does not have heirs among his
mother's siblings since there are no children or parents.
As for the other kind described in the ayat which comes at
the end of the Surat an-Nisa, Allah, the Blessed, the
Exalted, said in it, 'They will ask you for a decision.
Say, "Allah gives you a decision about the indirect heirs.
If a man perishes having no children, but he has a sister,
she shall receive a half of what he leaves, and he is her
heir if she has no children. If there are two sisters,
they shall receive two-thirds of what he leaves. If there
are brothers and sisters, the male shall receive the
portion of two females. Allah makes clear to you that you
might not go astray. Allah has knowledge of everything" '
" (Sura 4 ayat 176).
Malik said, "If this person without direct heirs
(parents) or children has siblings by the father, they
inherit with the grandfather from the person without
direct heirs. The grandfather inherits with the siblings
because he is more entitled to the inheritance than them.
That is because he inherits a sixth with the male children
of the deceased when the siblings do not inherit anything
with the male children of the deceased. How can he not be
like one of them when he takes a sixth with the children
of the deceased? How can he not take a third with the
siblings while the brother's sons take a third with them?
The grandfather is the one who overshadows the
half-siblings by the mother and keeps them from
inheriting. He is more entitled to what they have because
they are omitted for his sake. If the grandfather did not
take that third, the half-siblings by the mother would
take it and would take what does not return to the
half-siblings by the father. The half-siblings by the
mother are more entitled to that third than the
half-siblings by the father while the grandfather is more
entitled to that than the half-siblings by the mother."
Yahya related to me from Malik from Muhammad ibn Abi
Bakr ibn Muhammad ibn Amribn Hazm that Abdar-Rahman ibn
Hanthala az-Zurqi was informed by a mawla of Quraysh,who
used to be known as Ibn Mursi, that he was sitting with
Umar ibn al-Khattab, and when they had prayed dhuhr, he
said, "Yarfa! Bring that letter! (a letter which he had
written about the paternal aunt.) We asked about her and
asked for information about her." Yarfa brought it to him.
He called for a small vessel or a drinking-bowl in which
there was water. He erased the letter in it. Then he said,
"Had Allah approved of you as an heir, we would have
confirmed you. Had Allah approved of you, we would have
confirmed you."
Yahya related to me from Malik that Muhammad ibn Abi
Bakr ibn Hazm heard his father say many times, ''Umar ibn
al-Khattab used to say, 'It is a wonder that the paternal
aunt is inherited from and does not inherit.' "
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."
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 citydoing, is that the
child of the half-sibling by the mother, the paternal
grandfather, the paternal uncle who is the maternal
half-brother of the father, the maternal uncle, the
great-grandmother who is the mother of the mother's
father, the daughter of the full-brother, the paternal
aunt, and the maternal aunt do not inherit anything by
their kinship."
Malik said, "The woman who is the furthest relation of
the deceased of those who were named in this book, does
not inherit anything by her kinship, and women do not
inherit anything apart from those that are named in the
Qur'an. Allah, the Blessed, the Exalted, mentioned in His
Book the inheritance ofthe mother from her children, the
inheritance of the daughters from their father, the
inheritance of the wife from her husband, the inheritance
of the full sisters, the inheritance of the half-sisters
by the father and the inheritance of the half-sisters by
the mother. The grandmother is made an heir by the example
of the Prophet, may Allah bless him and grant him peace,
made about her. A woman inherits from a slave she frees
herself because Allah, the Blessed, the Exalted, said in
His Book, 'They are your brothers in the deen and your
mawali.' "
Section: Inheritance from People of Other Religions
Yahya related to me from Malik from Ibn Shihab from Ali
ibn Husayn ibn Ali from Umar ibn Uthman ibn Affan from
Usama ibn Zayd that the Messenger of Allah, may Allah
bless him and grant him peace, said, "A muslim does not
inherit from a kafir."
Yahya related to me from Malik from Ibn Shihab that Ali
ibn Husayn ibn Ali ibn Abi Talib told him that Aqil and
Talib inherited from Abu Talib, and Ali did not
inheritfrom him. Ali said, "Because of that, we have given
up our portion of ash Shab." (A house belonging to Banu
Hashim).
Yahya related to me from Malik from Yahya ibn Said from
Sulayman ibn Yasar that Muhammad ibn al-Ashath told him
that he had a christian or jewish paternal aunt who died.
Muhammad ibn al-Ashath mentioned that to Umar ibn al-Khattab
and said to him, "Who inherits from her?" Umar ibn al-Khattab
said to him, "The people of her deen inherit from her."
Then he went to Uthman ibn Affan, and asked him about
that. Uthman said to him, "Do you think that I have
forgotten what Umar ibn al-Khattab said to you? The
people.of her deen inherit from her."
Yahya related to me from Malik from Yahya ibn Said from
Ismail ibn Abi Hakim that Umar ibn Abd al-Aziz freed a
christian who then died. Ismail said, ''Umar ibn Abd al-Aziz
ordered me to put his property in the bayt al-mal."
Yahya related to me from Malik from a reliable source
of his who had heard Said ibn al-Musayyab say, ''Umar ibn
al-Khattab refused to let anyone inherit from the non-arabs
except for one who was born among the arabs."
Malik said, "If a pregnant woman comes from the land of
the enemy and gives birth in arab land so that he is her
(an arab) child, he inherits from her if she dies, and she
inherits from him if he dies, by the Book of Allah."
Malik said, "The generally agreed on way of doing
things among us and the sunna in which there is no
dispute, and what I saw the people of knowledge in our
city doing, is that a Muslim does not inherit from a kafir
by kinship, clientage (wala'), or maternal relationship,
nor does he (the Muslim) overshadow any (of the kafirs)
from his inheritance.
Malik said, "Similarly, someone who forgoes his
inheritance when he is the chief heir does not overshadow
anyone from his inheritance."
Section: People Killed in Battle or Otherwise whose
Situation in Inheritance is Not Known
Yahya related to me from Malik from Rabia ibn Abi Abd
ar-Rahman from more than one of the people of knowledge of
that time, that those who were killed on the Day of the
Camel, the Day of Siffin, the Day of al-Harra, and the Day
of Qudayd did not inherit from each other. None of them
inherited anything from his companion unless it was known
that he had been killed before his companion.
Malik said, "That is the way of doing things about
which there is no dispute, and which none of the people of
knowledge in our city doubt. The procedure with two mutual
heirs who are drowned, or killed in another way, when it
is not known which of them died first is the same -
neither of them inherits anything from his companion.
Their inheritance goes to whoever remains of their heirs.
They are inherited from by the living."
Malik said, "No one should inherit from anyone else
when there is doubt, and one should only inherit from the
other when there is certainty of knowledge and witnesses.
That is because a man and his mawla whom his father has
freed might die at the same time. The sons of the free man
could say, 'Our father inherited from the mawla.' They
should not inherit from the mawla without knowledge or
testimony that he died first. The living people most
entitled to his wala' inherit from him."
Malik said, "Another example is two full brothers who
die. One of them has children and the other does not. They
have a half-brother by their father. It is not known which
of them died first, so the inheritance of the childless
one goes to his half-brother by the father. The children
of the full-brother get nothing."
Malik said, "Another example is when a paternal aunt
and the son of her brother die, or else the daughter of
the brother and her paternal uncle. It is not known which
of them died first. The paternal uncle does not inherit
anything from the daughter of his brother, and the son of
the brother does not inherit anything from his paternal
aunt."
Section: The Inheritance of the Child of Lian and the
Child of Fornication
Yahya related to me from Malik that he had heard that
Urwa ibn az-Zubayr said about the child of lian and the
child of fornication, that if they died, the mother
inherited her right from them according to the Book of
Allah, the Mighty, the Majestic! The siblings by the
mother had their rights. The rest was inherited by the
former masters of the mother if she was a freed slave. If
she was a free woman by origin, she inherited her due and
the siblings by the mother inherited their due, and the
rest went to the Muslims.
Malik said, "I heard the same as that from Sulayman ibn
Yasar."
Malik said, "That is what I saw the people of knowledge
in our city doing."