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Hadith 34885
Yahya related to me from Malik that he had heard that Urwa ibn
az-Zubayr said about the child of lian and the child of fornication,
that if they died, the mother inherited her right from them according
to the Book of Allah, the Mighty, the Majestic! The siblings by the
mother had their rights. The rest was inherited by the former masters
of the mother if she was a freed slave. If she was a free woman by
origin, she inherited her due and the siblings by the mother inherited
their due, and the rest went to the Muslims.
Malik said, "I
heard the same as that from Sulayman ibn Yasar."
Malik said,
"That is what I saw the people of knowledge in our city doing."
Muwatta Malik Book 27, Hadith 24
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Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman
from more than one of the people of knowledge of that time, that those
who were killed on the Day of the Camel, the Day of Siffin, the Day of
al-Harra, and the Day of Qudayd did not inherit from each other. None
of them inherited anything from his companion unless it was known that
he had been killed before his companion.
Malik said, "That is
the way of doing things about which there is no dispute, and which
none of the people of knowledge in our city doubt. The procedure with
two mutual heirs who are drowned, or killed in another way, when it is
not known which of them died first is the same - neither of them
inherits anything from his companion. Their inheritance goes to
whoever remains of their heirs. They are inherited from by the
living."
Malik said, "No one should inherit from anyone else
when there is doubt, and one should only inherit from the other when
there is certainty of knowledge and witnesses. That is because a man
and his mawla whom his father has freed might die at the same time.
The sons of the free man could say, 'Our father inherited from the
mawla.' They should not inherit from the mawla without knowledge or
testimony that he died first. The living people most entitled to his
wala' inherit from him."
Malik said, "Another example is two
full brothers who die. One of them has children and the other does
not. They have a half-brother by their father. It is not known which
of them died first, so the inheritance of the childless one goes to
his half-brother by the father. The children of the full-brother get
nothing."
Malik said, "Another example is when a paternal
aunt and the son of her brother die, or else the daughter of the
brother and her paternal uncle. It is not known which of them died
first. The paternal uncle does not inherit anything from the daughter
of his brother, and the son of the brother does not inherit anything
from his paternal aunt." Muwatta Malik Book 27, Hadith 23
Next Hadith →
Yahya related to me from Malik from Muhammad ibn Yahya ibn Habban
from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah
bless him and grant him peace, said, "Do not ask for a woman in
marriage when another muslim has already done so." Muwatta Malik Book 28, Hadith 1