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Hadith 34863
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).
Muwatta Malik Book 27, Hadith 2
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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) Muwatta Malik Book 27, Hadith 1
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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." Muwatta Malik Book 27, Hadith 3