Inheritance of Persons without Parents or Offspring

7 Yahya related to me from Malik from Zayd ibn Aslam that 'Umar ibn al-Khattab asked the Messenger of Allah, may Allah bless him and grant him peace, about someone who died without parents or offspring (i.e. he asked about " kalala" ) and the Messenger of Allah, may Allah bless him and grant him peace, said to him, " The ayat which was sent down in the summer at the end of the Surat an-Nisa' (4) is enough for you."

[In Muslim]

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 person who leaves neither parent or offspring can be of two types. As for the kind described in the ayat which was sent down at the beginning of Surat an-Nisa' in which Allah, the Blessed, the Exalted, says, 'If a man or a woman has no direct heir and he has a brother or sister, each one of the two gets a sixth. If there are more than that, they share equally in the third.' (4: 12) This heirless one does not have heirs among his mother's siblings since there are no children or parents. As for the other kind described in the ayat which comes at the end of the Surat an-Nisa', Allah, the Blessed, the Exalted, says in it, 'They will ask you for a definitive ruling. Say: " Allah gives you a definitive ruling about people who die without direct heirs: If a man dies childless but has a sister she gets half of what he leaves. And he is her heir if she dies childless. If there are two sisters they get two-thirds of what he leaves. If there are brothers and sisters the males get the share of two females. Allah makes things clear to you so you will not go astray. Allah has knowledge of all things.'" (4: 176)

Malik said, " If this person without direct heirs (parents) or children has siblings by the father, they inherit with the grandfather from this person without direct heirs. The grandfather inherits with the siblings because he is more entitled to the inheritance than them. That is because he inherits a sixth with the male children of the deceased when the siblings do not inherit anything with the male children of the deceased. How can he not be like one of them when he takes a sixth with the children of the deceased? How can he not take a third with the siblings while the brother's sons take a third with them? The grandfather is the one who overshadows the half-siblings by the mother and keeps them from inheriting. He is more entitled to what they have because they are omitted for his sake. If the grandfather did not take that third, the half-siblings by the mother would take it and would take what does not return to the half-siblings by the father. The half-siblings by the mother are more entitled to that third than the half-siblings by the father while the grandfather is not less entitled to that than the half-siblings by the mother."

Paternal Aunts

8 Yahya related to me from Malik from Muhammad ibn Abi Bakr ibn Muhammad ibn 'Amr ibn Hazm that 'Abd ar-Rahman ibn Handhala az-Zuraqi was informed by a mawla of Quraysh, who used to be known as Ibn Mirsa, 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 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, He would have confirmed you."

9 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 remark, 'It is a wonder that the paternal aunt is inherited from but does not inherit.'"

27.11 Inheritance of Paternal Relations ('asaba)

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-brother of 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."

Malik said, " Everything about which you are questioned concerning the inheritance of the paternal relations is like this. Trace the genealogy of the deceased and whoever among the paternal relations contends for inheritance. If you find that one of them reaches the deceased by a father and none of them except him reaches him by a father, then grant the inheritance to the one who reaches him by the nearest father, rather than the one who reaches him by what is above that. If you find that they all reach him by the same father who joins them, then see who is the nearest of kin. If there is only one half-brother by the father, give him the inheritance rather than more distant paternal relations. If there is a full-brother and you find them equally related from a number of fathers or to one particular father so that they all reach the genealogy of the deceased and they are all half-brothers by the father or full-brothers, then divide the inheritance equally among them. If the parent of one of them is an uncle (the full-brother of the father of the deceased) and whoever is with him is an uncle (the paternal half-brother of the father of the deceased), the inheritance goes to the sons of the full brother of the father rather than the sons of the paternal half-brother of the father. That is because Allah, the Blessed, the Exalted, says, 'But blood relations are closer to one another in Allah's Book. Allah has knowledge of all things.' (8: 75)"

Malik said, " The paternal grandfather is more entitled to inherit than the sons of the full-brother, and more entitled than the uncle, the full brother of the father. The son of the father's brother is more entitled to inherit from mawali retainers (freed slaves) than the grandfathers."

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