Hadith 1075

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahmanfrom more than one of the people of knowledge of that time, that thosewho were killed on the Day of the Camel, the Day of Siffin, the Day ofal-Harra, and the Day of Qudayd did not inherit from each other. Noneof them inherited anything from his companion unless it was known thathe had been killed before his companion.Malik said, "That isthe way of doing things about which there is no dispute, and whichnone of the people of knowledge in our city doubt. The procedure withtwo mutual heirs who are drowned, or killed in another way, when it isnot known which of them died first is the same - neither of theminherits anything from his companion. Their inheritance goes towhoever remains of their heirs. They are inherited from by theliving."Malik said, "No one should inherit from anyone elsewhen there is doubt, and one should only inherit from the other whenthere is certainty of knowledge and witnesses. That is because a manand 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 themawla.' They should not inherit from the mawla without knowledge ortestimony that he died first. The living people most entitled to hiswala' inherit from him."Malik said, "Another example is twofull brothers who die. One of them has children and the other doesnot. They have a half-brother by their father. It is not known whichof them died first, so the inheritance of the childless one goes tohis half-brother by the father. The children of the full-brother getnothing."Malik said, "Another example is when a paternalaunt and the son of her brother die, or else the daughter of thebrother and her paternal uncle. It is not known which of them diedfirst. The paternal uncle does not inherit anything from the daughterof his brother, and the son of the brother does not inherit anythingfrom his paternal aunt."