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Hadith 34882
Yahya related to me from Malik from Yahya ibn Said from Ismail
ibn Abi Hakim that Umar ibn Abd al-Aziz freed a christian who then
died. Ismail said, ''Umar ibn Abd al-Aziz ordered me to put his
property in the bayt al-mal."
Muwatta Malik Book 27, Hadith 21
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Yahya related to me from Malik from Yahya ibn Said from Sulayman
ibn Yasar that Muhammad ibn al-Ashath told him that he had a christian
or jewish paternal aunt who died. Muhammad ibn al-Ashath mentioned
that to Umar ibn al-Khattab and said to him, "Who inherits from her?"
Umar ibn al-Khattab said to him, "The people of her deen inherit from
her." Then he went to Uthman ibn Affan, and asked him about that.
Uthman said to him, "Do you think that I have forgotten what Umar ibn
al-Khattab said to you? The people.of her deen inherit from her." Muwatta Malik Book 27, Hadith 20
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Yahya related to me from Malik from a reliable source of his who
had heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab refused to
let anyone inherit from the non-arabs except for one who was born
among the arabs."
Malik said, "If a pregnant woman comes from
the land of the enemy and gives birth in arab land so that he is her
(an arab) child, he inherits from her if she dies, and she inherits
from him if he dies, by the Book of Allah."
Malik said, "The
generally agreed on way of doing things among us and the sunna in
which there is no dispute, and what I saw the people of knowledge in
our city doing, is that a Muslim does not inherit from a kafir by
kinship, clientage (wala'), or maternal relationship, nor does he (the
Muslim) overshadow any (of the kafirs) from his inheritance.
Malik said, "Similarly, someone who forgoes his inheritance when he is
the chief heir does not overshadow anyone from his inheritance." Muwatta Malik Book 27, Hadith 22