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Hadith 34872
Yahya related to me from Malik from Yahya ibn Said that al-Qasim
ibn Muhammad said, "Two grandmothers came to Abu Bakr asSiddiq, and he
wanted 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 whom
he would inherit if she died while he was alive?' Abu Bakr divided the
sixth between them.~
Muwatta Malik Book 27, Hadith 11
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Yahya related to me from Malik from Ibn Shihab from Uthman ibn
Ishaq ibn Kharasha that Qabisa ibn Dhu'ayb said, "A grandmother came
to Abu Bakr as-Siddiq and asked him for her inheritance. Abu Bakr said
to her, 'You have nothing in the Book of Allah, and I do not know that
you have anything in the sunna of the Messenger of Allah, may Allah
bless him and grant him peace. Go away therefore, until I have
questioned the people.' (i.e.the Companions). He questioned the
people, and al-Mughira ibn Shuba said, 'I was present with the
Messenger of Allah, may Allah bless him and grant him peace, when he
gave the grandmother a sixth.' Abu Bakr said, 'Was there anybody else
with you?' Muhammad ibn Maslama al-Ansari stood up and said the like
of what al-Mughira said. Abu Bakr as-Siddiq gave it to her. Then the
other grandmother came to Umar ibn al-Khattab and asked him for her
inheritance. He said to her, "You have nothing in the Book of Allah,
and what has been decided is only for other than you, and I am not one
to add to the fixed shares, other than that sixth. If there are two of
you together, it is between you. If eitherof you is left alone with
it, it is hers." Muwatta Malik Book 27, Hadith 10
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Yahya related to me from Malik from Abdu Rabbih ibn Said that Abu
Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham only gave a fixed
share to two grandmothers (together).
Malik said, "The
generally agreed on way of doing things among us in which there is no
dispute and which I saw the people of knowledge in our city doing, is
that the maternal grandmother does not inherit anything at all with
the mother. Outside of that, she is given a sixth as a fixed share.
The paternal grandmotherdoes not inherit anything along with the
mother or the father. Outside of that she is given a sixth as a fixed
share." If both the paternal grandmother and maternal grandmother are
alive, and the deceased does not have a father or mother outside of
them, Malik said,."I have heard that if the maternal grandmother is
the nearest of the two of them, then she has a sixth instead of the
paternal grandmother. If the paternal grandmother is nearer, or they
are in the same position in relation to the deceased, the sixth is
divided equally between them."
Malik said, "None of the
female grand-relations except for these two has any inheritance
because I have heard that the Messenger of Allah, may Allah bless him
and grant him peace, gave the grandmother inheritance, and then Abu
Bakr asked about that until someone reliable related from the
Messenger of Allah, may Allah bless him and grant him peace, that he
had made the grandmother an heir and given a share to her. Another
grandmother came to Umar ibn al-Khattab, and he said, 'I am not one to
add to fixed shares. If there are two of you together, it is between
you. If either of you is left alone with it, it is hers.' " Malik
said, "We do not know of anyone who made other than the two
grandmothers heirs from the beginning of Islam to this day." Muwatta Malik Book 27, Hadith 12