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Yahya related to me from Malik that Muhammad ibn Abi Bakr ibn
Hazm heard his father say many times, ''Umar ibn al-Khattab used to
say, 'It is a wonder that the paternal aunt is inherited from and does
not inherit.' "
Muwatta Malik Book 27, Hadith 15
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Yahya related to me from Malik from Muhammad ibn Abi Bakr ibn
Muhammad ibn Amribn Hazm that Abdar-Rahman ibn Hanthala az-Zurqi was
informed by a mawla of Quraysh,who used to be known as Ibn Mursi, that
he was sitting with Umar ibn al-Khattab, and when they had prayed
dhuhr, he said, "Yarfa! Bring that letter! (a letter which he had
written about the paternal aunt.) We asked about her and asked for
information about her." Yarfa brought it to him. He called for a small
vessel or a drinking-bowl in which there was water. He erased the
letter in it. Then he said, "Had Allah approved of you as an heir, we
would have confirmed you. Had Allah approved of you, we would have
confirmed you."
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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, about paternal relations is that full
brothers are more entitled to inherit than half-brothers by the father
and half-brothers by the father are more entitled to inherit than the
children of the full brothers. The sons of the full brothers are more
entitled to inherit than the sons of the half-brothers by the father.
The sons of the half-brothers by the father are more entitled to
inherit than the sons of the sons of the full brothers. The sons of
the sons of the half-brothers by the father's side are more entitled
to inherit than the paternal uncle, the full brother of the father.
The paternal uncle, the full brother of the father, is more entitled
to inherit than the paternal uncle, the half-brotherof the father on
the father's side. The paternal uncle, the half-brother of the father
on the father's side is more entitled to inherit than the sons of the
paternal uncle, the full brother of the father. The son of the
paternal uncle on the father's side is more entitled to inherit than
the paternal great uncle, the full brother of the paternal
grandfather."