Hadith 1580

Malik said, "The generally agreed on way of doing things among usis that full siblings do not inherit anything with sons nor anythingwith grandsons through a son, nor anything with the father. They doinherit with the daughters and the granddaughters through a son whenthe deceased does not leave a paternal grandfather. Any property thatis left over, they are in it as paternal relations. One begins withthe people who are allotted fixed shares. They are given their shares.If there is anything left over after that, it belongs to the fullsiblings. They divide it between themselves according to the Book ofAllah, whether they are male or female. The male has a portion of twofemales. If there is nothing left over, they have nothing."If the deceased does not leave a father or a paternal grandfather orchildren or male or female grandchildren through a son, a single fullsister gets a half. If there are two or more full sisters, they gettwo thirds. If there is a brother with them, sisters, whether one ormore, do not have a fixed share. One begins with whoever shares in thefixed shares. They are given their shares. Whatever remains after thatgoes to the full siblings. The male has the portion of two femalesexcept in one case, in which the full siblings have nothing. Theyshare in this case the third of the half-siblings by the mother. Thatcase is when a woman dies and leaves a husband, a mother, half-siblings by her mother, and full siblings. The husband has a half. Themother has one sixth. The half-siblings by the mother have a third.Nothing is left after that, so the full siblings share in this casewith the half-siblings by the mother in their third. The male has theportion of two females in as much as all of them are siblings of thedeceased by the mother. They inherit by the mother. That is becauseAllah, the Blessed, the Exalted, said in His Book, 'If a man or awoman has no direct heir and he has a brother or a sister, each one ofthe two gets a sixth. If there are more than that, they share equallyin the third. ' (Sura 4 ayat 12) . They therefore share in this casebecause all of them are siblings of the deceased by the mother."