Category:The Book of Faraid in Muwata Malik

List of Chapters in The Book of Faraid

Combined Book Name

The Book of Faraid*Muwata Malik Belongs to the following Combined Book Name

The Book of Faraid Summary

1. If someone shares with the children who has a fixedshare and there are males among them the reckoner begins with theones with fixed shares
2. Theinheritance of a mother from her child if her son or daughter diesand leaves children or male or female grandchildren through a son orleaves two or more full or half siblings is a sixth
3. Yahya related to me from Malik from Yahya ibn Said that al Qasimibn Muhammad said Two grandmothers came to Abu Bakr asSiddiq and hewanted 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 whomhe would inherit if she died while he was alive Abu Bakr divided thesixth between them
4. Malik said None of thefemale grand relations except for these two has any inheritancebecause I have heard that the Messenger of Allah may Allah bless himand grant him peace gave the grandmother inheritance and then AbuBakr asked about that until someone reliable related from theMessenger of Allah may Allah bless him and grant him peace that hehad made the grandmother an heir and given a share to her
5. Yahya related to me from Malik from Zayd ibn Aslam that Umar ibnal Khattab asked the Messenger of Allah may Allah bless him and granthim peace about someone who died without parents or offspring andthe Messenger of Allah may Allah bless him and grant him peace saidto him The ayat which was sent down in the summer at the end of theSurat an Nisa Sura is enoughfor you
6. How can he not belike one of them when he takes a sixth with the children of thedeceased How can he not take a third with the siblings while thebrother s sons take a third with them The grandfather is the one whoovershadows the half siblings by the mother and keeps them frominheriting
7. The half siblings by themother are more entitled to that third than the half siblings by thefather while the grandfather is more entitled to that than the half siblings by the mother
8. If you find that one ofthem reaches the deceased by a father and none of them except himreaches him by a father then make his inheritance to the one whoreaches him by the nearest father rather than the one who reaches himby what is above that
9. If there is a full brother andyou find them equally related from a number of fathers or to oneparticular father so that they all reach the genealogy of the deceasedand they are all half brothers by the father or full brothers thendivide the inheritance equally among them
10. If the parent of one ofthem is an uncle the full brother of the father of the deceased andwhoever is with him is an uncle the paternal half brother of thefather of the deceased the inheritance goes to the sons of the fullbrother of the father rather than the sons of the paternal half brother of the father
11. Malik said The generally agreed on way of doing things among usin which there is no dispute and which I saw the people of knowledgein 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 whois the mother of the mother s father the daughter of the full brother the paternal aunt and the maternal aunt do not inheritanything by their kinship
12. Malik said The woman who is thefurthest relation of the deceased of those who were named in thisbook does not inherit anything by her kinship and women do notinherit anything apart from those that are named in the Qur an
13. Allah the Blessed the Exalted mentioned in His Book the inheritance ofthemother from her children the inheritance of the daughters from theirfather the inheritance of the wife from her husband the inheritanceof the full sisters the inheritance of the half sisters by the fatherand the inheritance of the half sisters by the mother
14. Yahya related to me from Malik from Ibn Shihab from Ali ibnHusayn ibn Ali from Umar ibn Uthman ibn Affan from Usama ibn Zayd thatthe Messenger of Allah may Allah bless him and grant him peace said A muslim does not inherit from a kafir
15. Muhammad ibn al Ashath mentionedthat 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 fromher
16. Malik said If a pregnant woman comes fromthe 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 inheritsfrom him if he dies by the Book of Allah
17. Yahya related to me from Malik from Rabia ibn Abi Abd ar Rahmanfrom more than one of the people of knowledge of that time that thosewho were killed on the Day of the Camel the Day of Siffin the Day ofal Harra and the Day of Qudayd did not inherit from each other
18. Malik said Another example is when a paternalaunt and the son of her brother die or else the daughter of thebrother and her paternal uncle

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