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Hadith 34879
Yahya related to me from Malik from Ibn Shihab from Ali ibn
Husayn ibn Ali from Umar ibn Uthman ibn Affan from Usama ibn Zayd that
the Messenger of Allah, may Allah bless him and grant him peace, said,
"A muslim does not inherit from a kafir."
Muwatta Malik Book 27, Hadith 18
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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 citydoing, is that the child of the half-sibling by the mother,
the paternal grandfather, the paternal uncle who is the maternal half-
brother of the father, the maternal uncle, the great-grandmother who
is the mother of the mother's father, the daughter of the full-
brother, the paternal aunt, and the maternal aunt do not inherit
anything by their kinship."
Malik said, "The woman who is the
furthest relation of the deceased of those who were named in this
book, does not inherit anything by her kinship, and women do not
inherit anything apart from those that are named in the Quran. Allah,
the Blessed, the Exalted, mentioned in His Book the inheritance ofthe
mother from her children, the inheritance of the daughters from their
father, the inheritance of the wife from her husband, the inheritance
of the full sisters, the inheritance of the half-sisters by the father
and the inheritance of the half-sisters by the mother. The grandmother
is made an heir by the example of the Prophet, may Allah bless him and
grant him peace, made about her. A woman inherits from a slave she
frees herself because Allah, the Blessed, the Exalted, said in His
Book, 'They are your brothers in the deen and your mawali.' " Muwatta Malik Book 27, Hadith 17
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Yahya related to me from Malik from Ibn Shihab that Ali ibn
Husayn ibn Ali ibn Abi Talib told him that Aqil and Talib inherited
from Abu Talib, and Ali did not inheritfrom him. Ali said, "Because of
that, we have given up our portion of ash Shab." (A house belonging to
Banu Hashim). Muwatta Malik Book 27, Hadith 19