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."
Muwatta Malik Book 27, Hadith 9
A free loan which you lend by which you desire the pleasure of
Allah, and so you have the pleasure of Allah. A free loan which you
lend by which you desire the pleasure of your companion, so you have
the pleasure of your companion, and a free loan which you lend by
which you take what is impure by what is pure, and that is usury." He
said, "What do you order me to do, Abu Abd ar-Rahman?" He said, "I
think that you should tear up the agreement. If he gives you the like
of what you lent him, accept it. If he gives you less than what you
lent him, take it and you will be rewarded. If he gives you better
than what you lent him, of his own good will, that is his gratitude to
you and you have the wage of the period you gave him the loan."
Muwatta Malik Book 31, Hadith 93