Hadith 1265

Malik said, "The generally agreed on way of doing things amongus, in which there is no dispute, and which I saw the people ofknowledge in our city doing, about paternal relations is that fullbrothers are more entitled to inherit than half-brothers by the fatherand half-brothers by the father are more entitled to inherit than thechildren of the full brothers. The sons of the full brothers are moreentitled to inherit than the sons of the half-brothers by the father.The sons of the half-brothers by the father are more entitled toinherit than the sons of the sons of the full brothers. The sons ofthe sons of the half-brothers by the father's side are more entitledto inherit than the paternal uncle, the full brother of the father.The paternal uncle, the full brother of the father, is more entitledto inherit than the paternal uncle, the half-brotherof the father onthe father's side. The paternal uncle, the half-brother of the fatheron the father's side is more entitled to inherit than the sons of thepaternal uncle, the full brother of the father. The son of thepaternal uncle on the father's side is more entitled to inherit thanthe paternal great uncle, the full brother of the paternalgrandfather."Malik said, "Everything about which you arequestioned concerning the inheritance of the paternal relations islike this. Trace the genealogy of the deceased and whoever among thepaternal relations contends for inheritance. If you find that one ofthem reaches the deceased by a father and none of them except himreaches him by a father, then make his inheritance to the one whoreaches him by the nearest father, rather than the one who reaches himby what is above that. If you find that they all reach him by the samefather who joins them, then see who is the nearest of kin. If there isonly one half-brother by the father, give him the inheritance ratherthan more distant paternal relations. If there is a full brother andyou find them equally related from a number of fathers or to oneparticular father so that they all reach the genealogy of the deceasedand they are all half-brothers by the father or full brothers, thendivide the inheritance equally among them. If the parent of one ofthem is an uncle (the full-brother of the father of the deceased) andwhoever is with him is an uncle (the paternal half brother of thefather of the deceased), the inheritance goes to the sons of the fullbrother of the father rather than the sons of the paternal half-brother of the father. That is because Allah, the Blessed, theExalted, said, 'Those related by blood are nearer to one another inthe Book of Allah, surely Allah has knowledge of everything.' "Malik said, "The paternal grandfather, is more entitled to inheritthan sons of the full-brother, and more entitled than the uncle, thefull brother of the father. The son of the father's brother is moreentitled to inherit from mawali retainers (freed slaves) than thegrandfathers."