Muwatta Malik #1126
Fara'id
Malik said, "The generally agreed on way of doing things among us
about which there is no dispute and what I have seen the people of
knowledge in our city doing is that when a father inherits from a son
or a daughter and the deceased leaves children, or grandchildren
through a son, the father has a fixed share of one sixth. If the
deceased does leave any children or male grandchildren through a son,
the apportioning begins with those with whom the father shares in the
fixed shares. They are given their fixed shares. If a sixth or more is
left over, the sixth and what is above it is given to the father, and
if there is less than a sixth left, the father is given his sixth as a
fixed share, (i.e. the other shares are adjusted.)
"The
inheritance of a mother from her child, if her son or daughter dies
and leaves children or male or female grandchildren through a son, or
leaves two or more full or half siblings is a sixth. If the deceased
does not leave any children or grandchildren through a son, or two or
more siblings, the mother has a whole third except in two cases. One
of them is if a man dies and leaves a wife and both parents. The wife
has a fourth, the mother a third of what remains, (which is a fourth
of the capital). The other is if a wife dies and leaves a husband and
both parents. The husband gets half, and the mother a third of what
remains, (which is a sixth of the capital). That is because Allah, the
Blessed, the Exalted, says in His Book, 'His two parents each have a
sixth of what he leaves if he has children. If he does not have
children, and his parents inherit from him, his mother has a third. If
he has siblings, the mother has a sixth.' (Sura 4 ayat 11). The sunna
is that the siblings be two or more."
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About Muwatta Malik
This hadith is #1126 from Muwatta Malik, in the Book of Fara'id. Muwatta Malik contains 1,985 hadiths across 61 books.