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Hadith 34865
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).
Muwatta Malik Book 27, Hadith 4
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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
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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." Muwatta Malik Book 27, Hadith 5