Hadith 34176

Muwatta Malik

موطأ مالك

5


Yahya said that he heard Malik say, "The best of what I haveheard about the testament of a pregnant woman and about whatsettlements she is permitted in her property is that the pregnantwoman is like the sick person. When the illness is light, and one doesnot fear for the sick person, he does with his property what he likes.If the illness is such that his life is feared for, he can onlydispose of a third of his estate."He said, "It is the samewith a woman who is pregnant. The beginning of pregnancy is good newsand joy. It is not illness and no fear because Allah the Blessed, theExalted, said in His Book, 'We gave her good news of Ishaq and afterIshaq, Yaqub.' (Sura ll ayat 71). And He said, 'She bore a lightburden and passed by with it, but when she became heavy, they calledupon Allah, their Lord, "If you give us a good-doing son, we will beamong the thankful." '(Sura 7 ayat 189)."When a pregnantwoman becomes heavy, she is only permitted to dispose of a third ofher estate. The beginning of this restriction is after six months.Allah, the Blessed, the Exalted, said in His Book, 'Mothers suckletheir children for two complete years.' And He said, 'his bearing andweaning are thirty months.' (Sura 2 ayat 233)."When sixmonths have passed for the pregnant woman from the day she conceived,she is only permitted to dispose of a third of her property."Yahya said that he heard Malik say, "A man who is advancing in the rowfor battle, can only dispose of a third of his property. He is in thesame position as a pregnant woman or an ill person who is feared for,as long as he is in that situation."

USC-MSA web (English) reference: Book 37, Hadith 4