Home Hadith Hadith 34342
Yahya related to me from Malik that Yahya ibn Said bought some
property on behalf of his brother's sons who were orphans in his
house, and that that property was sold afterwards for a great deal of
profit.
Muwatta Malik Book 17, Hadith 17
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Yahya related to me from Malik that he had heard that A'isha, the
wife of the Prophet, may Allah bless him and grant him peace, used to
give the property of the orphans that were in her house to whoever
would use it to trade with on their behalf.
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Yahya related to me that Malik said, "I consider that if a man
dies and he has not paid zakat on his property, then zakat is taken
from the third of his property (from which he can make bequests), and
the third is not exceeded and the zakat is given priority over
bequests. In my opinion it is the same as if he had a debt, which is
why I think it should be given priority over bequests."