Hadith 1565

Muwatta Malik

موطأ مالك

6


Malik said, "The generally agreed on wayof doing things among usis that when there are no full siblings with them, half-siblings bythe father take the position of full siblings. Their males are likethe males of the full siblings, and their females are like theirfemales except in the case where the half-siblings by the mother andthe full siblings share, because they are not offspring of the motherwho joins these."Malik said, "If there are both fullsiblings and half-siblings by the father and there is a male among thefull siblings none of the half-siblings by the father have anyinheritance. If there is one or more females in the full siblings andthere is no male with them, the one full sister gets a half, and thehalf sister by the father gets a sixth, completing the two-thirds. Ifthere is a male with the half-sisters by the father, they have noshare. The people of fixed shares are given their shares and if thereis something left after that it is divided between the half-siblingsby the father. The male has the portion of two females. If there isnothing left over, they get nothing. If the full siblings consist oftwo or more females, they get two-thirds, and the half-sisters by thefather get nothing with them unless there is a half-brother by thefather with them. If there is a half-brother by the father with them,the people of fixed shares are given their shares and if there issomething left over after that, it is divided between the half-siblings by the father. The male gets the portion of two females. Ifthere is nothing left over, they get nothing. Half-siblings by themother, full-siblings, and half-siblings by the father, each have asixth (when they are onlyone). Two and more share a third. The malehas the same portion as the female. They are in the same position init."

USC-MSA web (English) reference: Book 27, Hadith 0