Hadith 1859

Yahya related to me from Malik, "The generally agreed upon way ofdoing things among us and what I have seen the people of knowledgedoing in our city about the fixed shares of inheritance of childrenfrom the mother or father when one or other of them dies is that ifthey leave male and female children, the male takes the portion of twofemales. If there are only females, and there are more than two, theyget two thirds of what is left between them. If there is only one, shegets a half. If someone shares with the children, who has a fixedshare and there are males among them, the reckoner begins with theones with fixed shares. What remains after that is divided among thechildren according to their inheritance."When there are nochildren, grandchildren through sons have the same position aschildren, so that grandsons are like sons and grand-daughters are likedaughters. They inherit as they inherit and they overshadow as theyovershadow. If there are both children and grandchildren through sons,and there is a male among the children, then the grandchildren throughsons do not share in the inheritance with him."If there isno surviving male among the children, and there are two or moredaughters, the granddaughters through a son do not share in theinheritance with them unless there is a male who is in the sameposition as them in relation to the deceased, or further than them.His presence gives access to whatever is left over, if any, to whoeveris in his position and whoever is above him of the granddaughtersthrough sons. If something is left over, they divide it among them,and the male takes the portion of two females. If nothing is leftover, they have nothing."If the only descendant is adaughter, she takes half, and if there are one or more grand-daughtersthrough a son who are in the same position to the deceased, they sharea sixth. If there is a male in the same position as the granddaughtersthrough a son in relation to the deceased, they have no share and nosixth ."If there is a surplus after the allotting of sharesto the people with fixed shares, the surplus goes to the male andwhoever is in his position and whoever is above him of the femaledescendants through sons. The male has the share of two females. Theone who is more distant in relationship than grandchildren throughsons has nothing. If there is no surplus, they have nothing. That isbecause Allah, the Blessed, the Exalted, said in His Book, 'Allahcharges you about your children that the male has the like of theportion of two females. If there are more than two women they have twothirds of what is left. If there is one, she has a half.' (Sura 4 ayat10)