Hadith 1482

Yahya related to me from Malik that he had heard that Sulaymanibn Yasar said, ''Umar ibn al-Khattab, Uthman ibn Affan, andZayd ibnThabit gave the grandfather a third with full siblings". Malik said,"The generally agreed on way of doing things among us and what I haveseen the people of knowledge in our city doing is that the paternalgrandfather does not inherit anything at all with the father. He isgiven a sixth as a fixed share with the son and the grandson through ason. Other than that, when the deceased does not leave a mother or apaternal aunt, one begins with whoever has a fixed share, and they aregiven their shares. If there is a sixth of the property left over, thegrandfather is given a sixth as a fixed share."Malik said,"When someone shares with the grandfather and the full siblings in aspecified share, one begins with whoever shares with them of thepeople of fixed shares. They are given their shares. What is left overafter that belongs to the grandfather and the full siblings. Then onesees which is the more favourable of two alternatives for the portionof the grandfather. Either a third is allotted to him and the siblingsto divide between them, and he gets a share as if he were one of thesiblings, or else he takes a sixth from all the capital. Whichever isthe best portion for the grandfather is given to him. What is leftafter that, goes to the full siblings. The male gets the portion oftwo females except in one particular case. The division in this caseis different from the preceding one. This case is when a woman diesand leaves a husband, mother, full sister and grandfather. The husbandgets a half, the mother gets a third, the grandfather gets a sixth,and the full sister gets a half. The sixth of the grandfather and thehalf of the sister are joined and divided into thirds. The male getsthe share of two females. Therefore, the grandfather has two thirds,and the sister has one third."Malik said, "The inheritanceof the half-siblings by the father with the grandfather when there areno full siblings with them, is like the inheritance of the fullsiblings (in the same situation). The males are the same as theirmales and the females are the same as their females. When there areboth full siblings and half-siblings by the father, the full siblingsinclude in their number the number of half-siblings by the father, tolimit the inheritance of the grandfather, i.e., if there was only onefull sibling with the grandfather. They would share, after theallotting of the fixed shares, the remainder of the inheritancebetween them equally. If there were also two half-siblings by thefather, their number is added to the division of the sum, which wouldthen be divided four ways. A quarter going to the grandfather andthree-quarters going to the full siblings who annex the sharestechnically allotted to the half-siblings by the father. They do notinclude the number of half-siblings by the mother, because if therewere only half-siblings by the father they would not inherit anythingwith the grandfather and all the capital would belong to thegrandfather, and so the siblings would not get anything after theportion of the grandfather."It belongs to the full siblingsmore than the half-siblings by the father, and the half-siblings bythe father do not get anything with them unless the full siblingsconsist of one sister. If there is one full sister, she includes thegrandfather with the half-siblings by her father in the division,however many. Whatever remains for her and these half-siblings by thefather goes to her rather than them until she has had her completeshare, which is half of the total capital. If there is surplus beyondhalf of all the capital in what she and the half-siblings by thefather acquire it goes to them. The male has the portion of twofemales. If there is nothing left over, they get nothing."