Deceas

Deceas Completed Form

The word Deceas is a stemmed form of the following words:

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Deceas References or Citations

In Quran

Quran Surat	Sura and Ayah	Polarity	Sura Classification	Sura Sequence	Related Subjects	Ayah Text	English Translation
Surat AlNisa Ayah 176	Surat AlNisa	-0.23		92	Thu doth, Doth clear, Brother sister, Third inherit, Inherit deceas, Heir dies, Deceas woman, Descend ascend, Share femal, Dies leav, Sisters third, Share male, Male share, Inherit brother, Take inherit, Brother take, Direct leav, Clear law, Half inherit, Femal thu, Sister child, Decis direct, Child brother, Left child, Err knowledg, Legal decis, Child half, Woman left, Leav descend, Law err, Leav sister, Ascend heir, Inherit sisters, Sisters share, Brother sisters	يَسْتَفْتُونَكَ قُلِ اللَّهُ يُفْتِيكُمْ فِي الْكَلَالَةِ إِنِ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ وَهُوَ يَرِثُهَا إِنْ لَمْ يَكُنْ لَهَا وَلَدٌ فَإِنْ كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ وَإِنْ كَانُوا إِخْوَةً رِجَالًا وَنِسَاءً فَلِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ يُبَيِّنُ اللَّهُ لَكُمْ أَنْ تَضِلُّوا وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ	They ask thee for a legal decision. Say: Allah directs (thus) about those who leave no descendants or ascendants as heirs. If it is a man that dies, leaving a sister but no child, she shall have half the inheritance: If (such a deceased was) a woman, who left no child, Her brother takes her inheritance: If there are two sisters, they shall have two-thirds of the inheritance (between them): if there are brothers and sisters, (they share), the male having twice the share of the female. Thus doth Allah make clear to you (His law), lest ye err. And Allah hath knowledge of all things.
Surat AlNisa Ayah 11	Surat AlNisa	-0.06		92	Legaci debt, Payment legaci, Deceas left, Brother sister, Third inherit, Inherit deceas, Left brother, Share half, Ordain knowing, Children inherit, Left children, Direct children, Parent children, Debt parent, Share third, Children children, Inherit share, Settl portion, Parent child, Inherit male, Parent heirs, Daughters share, Benefit settl, Equal femal, Children parent, Male portion, Children nearest, Heirs deceas, Knowing alwise, Nearest benefit, Sister distribut, Distribut case, Left child, Half parents, Femal daughters, Portion equal, Share inherit, Parents share, Portion ordain	يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ فَإِنْ لَمْ يَكُنْ لَهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ فَإِنْ كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا فَرِيضَةً مِنَ اللَّهِ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا	Allah (thus) directs you as regards your Children's (Inheritance): to the male, a portion equal to that of two females: if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased Left brothers (or sisters) the mother has a sixth. (The distribution in all cases ('s) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah; and Allah is All-knowing, Al-wise.
Surat AlNisa Ayah 92	Surat AlNisa	0.12		92	Knowledg wisdom, Believ slave, Free believ, Kill believ, Ordain free, Fast month, Treati mutual, Believer ordain, Deceas belong, War believer, Family remit, Believ kill, Mistake compens, Compens deceased, Freed means, Believer free, Mutual allianc, Deceased family, Believ mistake, Prescrib fast, Repent knowledg, Family believ, Slave belong, Freeli deceas, Remit freeli, Slave freed, Belong war, Compens due, Run repent, Month run, Due kill, Mutual alliance, Means prescrib, Pai compens, Belong treati, Compens paid, Paid family, Never believ, Alliance compens, Kill believer, Slave pai	وَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ مُؤْمِنًا إِلَّا خَطَأً وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ إِلَّا أَنْ يَصَّدَّقُوا فَإِنْ كَانَ مِنْ قَوْمٍ عَدُوٍّ لَكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَإِنْ كَانَ مِنْ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِيثَاقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِنَ اللَّهِ وَكَانَ اللَّهُ عَلِيمًا حَكِيمًا	Never should a believer kill a believer; but (If it so happens) by mistake, (Compensation is due): If one (so) kills a believer, it is ordained that he should free a believing slave, and pay compensation to the deceased's family, unless they remit it freely. If the deceased belonged to a people at war with you, and he was a believer, the freeing of a believing slave (Is enough). If he belonged to a people with whom ye have treaty of Mutual alliance, compensation should be paid to his family, and a believing slave be freed. For those who find this beyond their means, (is prescribed) a fast for two months running: by way of repentance to Allah: for Allah hath all knowledge and all wisdom.

In Hadith Text Books

Deceas In Sahih AlBukhari

Hadith Page	Arabic Text	English Translation	Book and Chapter
SahihAlBukhari-017-001-1694		Narrated Ibn Abbas: During the early days of Islam ; the inheritance used to be given to one offspring and legacy used to be bequeathed to the parents; then Allah cancelled what He wished from that order and decreed that the male should be given the equivalent of the portion of two females; and for the parents one-sixth for each of them; and for one wife one-eighth if the deceased has children and one-fourth if he has no children ; for one husband one-half if the deceased has no children and one-fourth if she has children.	The Chapter on Inheritance And Male Childs in HodHood Indexing, Chapter on The inheritance of husband along with the offspring and other relatives in Sahih AlBukhari
SahihAlBukhari-017-001-231		Narrated Ibn Umar from his father: The Prophet ﷺ said; The deceased is tortured in his grave for the wailing done over him. Narrated Shuba: The deceased is tortured for the wailing of the living ones over him.	The Chapter on Funerals And Torture In The Grave in HodHood Indexing, Chapter on What sort of wailing over a deceased is disliked in Sahih AlBukhari
SahihAlBukhari-017-001-259		Narrated Ibn Abbas: Allah Messenger ﷺ passed by a grave of a deceased who had been buried at night. He said; When was this deceased buried? The people said; Yesterday. He said; Why did you not inform me? They said; We buried him when it was dark and so we disliked to wake you up. He stood up and we lined up behind him. Ibn Abbas said : I was one of them; and the Prophet ﷺ offered the funeral prayer.	The Chapter on Funerals And Invokation in HodHood Indexing, Chapter on The lining up of boys in rows with men in the funeral in Sahih AlBukhari
SahihAlBukhari-017-001-300		Narrated Anas Bin Malik: A funeral procession passed and the people praised the deceased. The Prophet ﷺ said; It has been affirmed to him. Then another funeral procession passed and the people spoke badly of the deceased. The Prophet ﷺ said; It has been affirmed to him. Umar Bin AlKhattab asked Allah Messenger ﷺ ﷺ ; What has been affirmed? He replied; You praised this; so Paradise has been affirmed to him; and you spoke badly of this; so Hell has been affirmed to him. You people are Allah witnesses on earth.	The Chapter on Sutra For Prayers Standing Up For Funerals in HodHood Indexing, Chapter on The praising of a deceased by the people in Sahih AlBukhari
SahihAlBukhari-017-001-301		Narrated Abu AlAswad: I came to Medina when an epidemic had broken out. While I was sitting with Umar Bin AlKhattab a funeral procession passed by and the people praised the deceased. Umar said; It has been affirmed to him. And another funeral procession passed by and the people praised the deceased. Umar said; It has been affirmed to him. A third funeral procession passed by and the people spoke badly of the deceased. He said; It has been affirmed to him. I Abu AlAswad asked; O chief of the believers! What has been affirmed? He replied; I said the same as the Prophet ﷺ had said; that is: if four persons testify the piety of a Muslim; Allah will grant him Paradise. We asked; If three persons testify his piety? He the Prophet replied; Even three. Then we asked; If two? He replied; Even two. We did not ask him regarding one witness.	The Chapter on Sutra For Prayers Standing Up For Funerals in HodHood Indexing, Chapter on The praising of a deceased by the people in Sahih AlBukhari
SahihAlBukhari-017-001-4064		Narrated Ibn Abbas: The custom in old days was that the property of the deceased would be inherited by his offspring; as for the parents of the deceased ; they would inherit by the will of the deceased. Then Allah cancelled from that custom whatever He wished and fixed for the male double the amount inherited by the female; and for each parent a sixth of the whole legacy and for the wife an eighth or a fourth and for the husband a half or a fourth.	The Chapter on Inheritance And Male Childs in HodHood Indexing, Chapter on A legal heir has no right to inherit through a will in Sahih AlBukhari
SahihAlBukhari-017-001-4097		Ibn Abbas ra said; A man from the tribe of Bani Sahm went out in the company of Tamim AlDari and Adi Bin Badda. The man of Bani Sahm died in a land where there was no Muslim. When Tamim and Adi returned conveying the property of the deceased; they claimed that they had lost a silver bowl with gold engraving. Allah Messenger ﷺ made them take an oath to confirm their claim ; and then the bowl was found in Makkah with some people who claimed that they had bought it from Tamim and Adu; Then two witnesses from the relatives of the deceased got up and swore that their witnesses were more valid than the witnesses of Adi and Tamim; and that the bowl belonged to their deceased fellow. So; this verse was revealed in connection with this case ; O you who believe! When death approached any of you...; V 5: 106	The Chapter on Tamim Arab Tribe in HodHood Indexing, Chapter on The Statement of Allah aaza wajal When death approaches any of you and you make a bequest in Sahih AlBukhari
SahihAlBukhari-017-001-4413		Narrated Anas: A funeral procession passed in front of the Prophet ﷺ and the people praised the deceased. The Prophet ﷺ said; It has been affirmed Paradise. Then another funeral procession passed by and the people talked badly of the deceased. The Prophet ﷺ said; It has been affirmed Hell. Allah Messenger ﷺ was asked; O Allah Messenger ﷺ ! You said it has been affirmed for both? The Prophet ﷺ said; The testimony of the people is accepted ; for the believer are Allah witnesses on the earth.	The Chapter on Sutra For Prayers Standing Up For Funerals in HodHood Indexing, Chapter on How many witnesses are sufficient to attest in Sahih AlBukhari
SahihAlBukhari-017-001-4414		Narrated Abu AlAswad: Once I went to Medina where there was an outbreak of disease and the people were dying rapidly. I was sitting with Umar and a funeral procession passed by. The people praised the deceased. Umar said; It has been affirmed Paradise. Then another funeral procession passed by. The people praised the deceased. Umar said; It has been affirmed. Paradise. Then another funeral procession passed by. The people praised the deceased. Umar said; It has been affirmed Paradise. Then a third funeral procession passed by and the people talked badly of the deceased. Umar said; It has been affirmed Hell. I asked Umar; O chief of the believers! What has been affirmed? He said; I have said what the Prophet ﷺ said. He said; Allah will admit into paradise any Muslim whose good character is attested by four persons. We asked the Prophet; If there were three witnesses only? He said; Even three. We asked; If there were two only? He said; Even two. But we did not ask him about one witness.	The Chapter on Sutra For Prayers Standing Up For Funerals in HodHood Indexing, Chapter on How many witnesses are sufficient to attest in Sahih AlBukhari
SahihAlBukhari-017-001-6655		Narrated Abu Qatada: We set out along with the Prophet ﷺ during the year of the battle of Hunain; and when we faced the enemy; the Muslims with the exception of the Prophet ﷺ and some of his companions retreated before the enemy. I saw one of the pagans over-powering one of the Muslims; so I struck the pagan from behind his neck causing his armor to be cut off. The pagan headed towards me and pressed me so forcibly that I felt as if I was dying. Then death took him over and he released me. Afterwards I followed Umar and said to him; What is wrong with the people? He said; It is the Order of Allah. Then the Muslims returned to the battle after the flight and after overcoming the enemy the Prophet sat and said; Whoever had killed an Infidel and has an evidence to this issue; will have the Salb i.e. the belonging of the deceased e.g. clothes; arms; horse; etc. I stood up and said; Who will be my witness? and then sat down. Then the Prophet ﷺ repeated his question. Then the Prophet ﷺ said the same for the third time. I got up and said; Who will be my witness? and then sat down. The Prophet ﷺ asked his former question again. So I got up. The Prophet ﷺ said; What is the matter; O Abu Qatada? So I narrated the whole story; A man said; Abu Qatada has spoken the truth; and the Salb of the deceased is with me; so please compensate Abu Qatada on my behalf. Abu Bakr said; No! By Allah; it will never happen that the Prophet ﷺ will leave a Lion of Allah who fights for the Sake of Allah and His Apostle and give his spoils to you. The Prophet ﷺ said; Abu Bakr has spoken the truth. Give it the spoils back to him O man ! So he gave it to me and I bought a garden in the land of Banu Salama with it i.e. the spoils and that was the first property I got after embracing Islam.	The Chapter on Almaghazi And Returning Property in HodHood Indexing, Chapter on and on the day of Hunain when you rejoiced at your great number in Sahih AlBukhari

In Sahih Muslim

nothing found

In Sunan AlTermithi

Hadith Page	Arabic Text	English Translation	Book and Chapter
SunanAlTermithi-017-001-8189		Yahya Bin Abdulrahman narrated from Ibn Umar that: The Prophet said: The deceased is punished for the crying of his family over him. So; Aisha said: May Allah have mercy upon him. He has not lied; but he is mistaken. It is only that the Messenger of Allah said about a Jewish man who died: The deceased is being punished and his family is crying over him.	The Chapter on Inheritance And Payments in HodHood Indexing, Chapter on What Has Been Related About The Permission For Crying Over The Deceased in Sunan AlTermithi
SunanAlTermithi-017-001-8224		Imran Bin Hosain narrated that : the Prophet said: Indeed your brother AlNajashi has died. So stand to perform Prayer for him. He Imran said: We stood and lined up just as the deceased is lined up for; and we prayed for him just as the deceased is prayed for.	Chapter on What Has Been Related About The Prophet Performing Salat For The Death Of AlNajashi in Sunan AlTermithi
SunanAlTermithi-017-001-8231			The Chapter on Inheritance And Wealth in HodHood Indexing, Chapter on What Has Been Related About What Is Said When Putting The Deceased In The Grave in Sunan AlTermithi

In Sunan AlNasai

Hadith Page	Arabic Text	English Translation	Book and Chapter
SunanAlNasai-017-001-16272		It was narrated from Amrah that she heard Aisha say: ; when she was told that Ibn Umar said that the deceased is punished due to the weeping of the living for him; Aisha said: May Allah forgive Abu Abdulrahman he is not lying; but he has forgotten or made a mistake. The Messenger of Allah passed by a deceased Jewish woman for whom people were weeping and he said: They are weeping for her and she is being punished.	The Chapter on Forgiveness And Praise in HodHood Indexing, Chapter on Wailing over the Dead in Sunan AlNasai
SunanAlNasai-017-001-16274		Abb AlJabbar Bin AlWard narrated: I heard Ibn Abi Mulaikah say: When Umm Aban died; I attended with the people. I sat in front of Abdullah Bin Umar and Ibn Abbas; and the women wept. Ibn Umar said: Why dont you tell them not to weep? For I heard the Messenger of Allah say: The deceased is punished due to some of his family weeping for him. Ibn Abbas said: Umar used to narrate something like that. I went out with Umar and when we got to on uninhabited area; he saw a caravan beneath a tree. He said: See whose caravan this is. I went and I found Suhaib and his family. I came back to him and said: O Commander of the Believers! This is Suhaib and his family. He said: Bring Suhaib to me. When we entered AlMadinah; Umar was attacked and Suhaib sat by him; weeping and saying; O my brother; O my brother. Umar said: O Suhaib; do not weep; for I heard the Messenger of Allah say: The deceased is punished due to some of the weeping of his family for him. He said: I mentioned that to Aisha and she said: By Allah you are not narrating this Hadith from two liars who have disbelieved; but sometimes you mishear. And no bearer of burdens shall bear another burden. And the Messenger of Allah said: Allah increases the punishment of the disbeliever because of his family weeping for him.	The Chapter on Funerals And Invokation in HodHood Indexing, Chapter on Wailing over the Dead in Sunan AlNasai
SunanAlNasai-017-001-16349		It was narrated that Anas said: A funeral passed by and the deceased was praised. The Prophet said: It is granted. Another funeral passed by and the deceased was criticized. The Prophet said: It is granted. Umar said: May my father and mother be ransomed for you. One funeral passed by and the deceased was praised; and you said; It is granted? He said: Whoever is praised will be granted Paradise; and whoever is criticized will be granted Hell; You are the witnesses of Allah on Earth.	The Chapter on Inheritance And Male Childs in HodHood Indexing, Chapter on Praising the Deceased in Sunan AlNasai
SunanAlNasai-017-001-16350		It was narrated that Abu Huraira said: A funeral passed by the Prophet and they praised the deceased. The Prophet said: It is granted. Then another funeral passed by and they criticized the deceased. The Prophet said: It is granted. They said: O Messenger of Allah; you said in both cases; It is granted? The Prophet said: The angels are the witnesses of Allah in heaven; and you are the witnesses of Allah on Earth.	The Chapter on Inheritance And Male Childs in HodHood Indexing, Chapter on Praising the Deceased in Sunan AlNasai
SunanAlNasai-017-001-16351		It was narrated that Abu Aswad AlDili said: I came to AlMadinah and sat with Umar Bin AlKhattab. A funeral passed by and the deceased was praised; and Umar said: It is granted. Then another passed by and the deceased was praised; and Umar Said: It is granted. Then a third passed by; and the deceased was criticized; and Umar said: It is granted. I said: What is granted; O commander of the believers? He said: I said what the Messenger of Allah said: Any Muslim for whom four people bear witness and say good things; Allah will admit him to Paradise. We said: Or three? He said: Or three. We said: Or two? He said: Or two.	The Chapter on Sutra For Prayers Women And Donkeys Passing In Front Of A Praying Person in HodHood Indexing, Chapter on Praising the Deceased in Sunan AlNasai
SunanAlNasai-017-001-16400		It was narrated that Awuf Bin Malik said: I heard the Messenger of Allah offer the funeral prayer and say: Allahumma ighfir lahu warhamhu wafu anhu wa afihi; wa akrim nuzulahu wa wassi mudkhalahu waghsilhu bi-main wa thaljin wa-barad; wa naqqihi min Alkhataya kama yunaqqa AlThawb Alabyad min AlDanas. Wa Abd lhu daran khairan min darihi wa ahlan khayran min ahlihi; wa zawjan khayran min zawjihi; wa qihi adhab Alqabri wa adhab AlNar O Allah; forgive him and have mercy on him; forgive him and keep him safe and sound; honor the place where he settles and make his entrance wide; wash him with water and snow and hail; and cleanse him of his sin as a white garment is cleansed of dirt. Give him a house better than his house and a family better than his family and a spouse better than his spouse. Protect him from the torment of the grave and the torment of Hell-fire. Awuf said: I wished that I was that deceased person because of the supplication that the Messenger of Allah said for that deceased person.	The Chapter on Forgiveness And Pardon in HodHood Indexing, Chapter on Supplication in Sunan AlNasai

In Sunan Abu Dawoud

Hadith Page	Arabic Text	English Translation	Book and Chapter
SunanAbuDawoud-017-001-29024		Narrated Abdullah Ibn Amr Ibn AlAs: We buried a deceased person in the company of the Messenger of Allah ﷺ. When we had finished; the Messenger of Allah ﷺ returned and we also returned with him. When he approached his door; he stopped; and we saw a woman coming towards him. He the narrator said: I think he recognized her. When she went away; we came to know that she was Fatimah. The Messenger of Allah ﷺ said to her: What brought you out of your house; Fatimah? She replied: I came to the people of this house; Messenger of Allah; and I showed pity and expressed my condolences to them for their deceased relation. The Messenger of Allah ﷺ said: You might have gone to the graveyard with them. She replied: I seek refuge in Allah! I heard you referring to what you mentioned. He said: If you had gone to the graveyard...He then mentioned severe words about it. I then asked Rabiah a narrator of this tradition about Alkuda stony land. He replied: I think it means the graves.	The Chapter on Funerals And The Companions In Almadinah in HodHood Indexing, Chapter on Offering Condolences in Sunan Abu Dawoud

In Muwata Malik

Hadith Page	Arabic Text	English Translation	Book and Chapter
MuwataMalik-017-001-34813		Malik said; The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third; a fourth; a half; or any share after his death; is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master; the master is a testator and the testator only has access to free what he can take from his property; being the third of the property he is allowed to bequeath; and the rest of the slave is not free because the man property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala was confirmed. That is not to be borne by another property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man property because there is no harm in that to the inheritors. Malik said; If a man frees a third of his slave while he is critically ill; he must complete the emancipation so all of him is free from him; if it is within the third of his property that he has access to; because he is not treated in the same way as a man who frees a third of a slave after his death; because had the one who freed a third of his slave after his death lived; he could have cancelled it and the slave being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness; would still have to free all of him if he lived. If he died; the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property.	The Chapter on Slave As A Property in HodHood Indexing, The Book of Speech in Muwata Malik
MuwataMalik-017-001-34888		Malik related to me from Ibn Shihab from Amir Ibn Sad Ibn Abi Waqqas that his father said; The Messenger of Allah; may Allah bless him and grant him peace; came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said; Messenger of Allah; you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqa? The Messenger of Allah; may Allah bless him and grant him peace; said; No. I said; Half? He said; No. Then the Messenger of Allah; may Allah bless him and grant him peace; said; A third; and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of Allah by it; but that you are rewarded for it; even what you appoint for your wife. Sad said; Messenger of Allah; will I be left here in Makka after my companions have departed for Madina? The Messenger of Allah; may Allah bless him and grant him peace; said; If you are left behind; and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O Allah! complete their hijra for my companions; and do not turn them back on their heels. The unfortunate one is Said Ibn Khawla. The Messenger of Allah; may Allah bless him and grant him peace; was distressed on his account for he had died at Makka. Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well; My slave will serve so-and-so another man for as long as he lives; then he is free; then that was looked into; and the slave was found to be a third of the property of the deceased. Malik said; The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third; as a share; and the one who was willed the service of the slave takes what was evaluated for him of the slave service. Each of them takes; from the service of the slave or from his wage if he has a wage; according to his share. If the one who was given the service of the slave for as long as he lived dies; then the slave is freed. Yahya said that he heard Malik speak about someone who willed his third and said So-and-so has such- and-such; and so-and-so has such-and-such; naming some of his property; and his heirs protested that it was more than a third. Malik said; The heirs then have an option between giving the beneficiaries their full bequests and taking the rest of the property of the deceased; or between dividing among the beneficiaries the third of the property of the deceased and surrendering to them their third. If they wish; their rights in it reach as far as they reach.	The Chapter on Slave As A Property in HodHood Indexing, The Book of Hair in Muwata Malik
MuwataMalik-017-001-34890		Yahya said that he heard Malik say; This ayat is abrogated. It is the word of Allah; the Blessed; the Exalted; If he leaves goods; the testament is for parents and kinsmen. What came down about the division of the fixed shares of inheritance in the Book of Allah; the Mighty; the Exalted; abrogated it. Yahya said that he heard Malik say; The established sunna with us; in which there is no dispute; is that it is not permitted for a testator to make a bequest in addition to the fixed share in favour of an heir; unless the other heirs permit him. If some of them permit him and others refuse; he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance. Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property; and they gave him permission to leave some of his heirs more than his third. Malik said; They cannot revoke that. Had they been permitted to do so; every heir would have done that; and then; when the testator died; they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property. Malik said; If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission; that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well; he is entitled to all his property and can do what he wishes with it. If he wishes; he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs; when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him; and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying; and the heir agrees and then the dying man does not dispose of it at all; it is returned to the one who gave it unless the deceased said to him; So-and-so - one of his heirs - is weak; and I would like you to give him your inheritance. So he gives it to him. That is permitted when the deceased specified it for him. Malik said; When a man gives the dying man free use of his share of the inheritance; and the dying man distributes some of it and some remains; it is returned to the giver; after the man has died. Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of; so the heirs refused to permit that. Malik said; That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third which the dying man is allowed to bequeath.	The Chapter on Inheritance And Heirs in HodHood Indexing, The Book of Hair in Muwata Malik
MuwataMalik-017-001-34973		Malik said; The generally agreed on way of doing things among us is that when slaves write their kitaba together in one kitaba; and some are responsible for others; and they are not reduced anything by the death of one of the responsible ones; and then one of them says; I cant do it; and gives up; his companions can use him in whatever work he can do and they help each other with that in their kitaba until they are freed; if they are freed; or remain slaves if they remain slaves. Malik said; The generally agreed on way of doing things among us is that when a master gives a slave his kitaba; it is not permitted for the master to let anyone assume the responsibility for the kitaba of his slave if the slave dies or is incapable. This is not part of the sunna of the muslims. That is because when a man assumes responsibility to the master of a mukatab for what the mukatab owes of his kitaba; and then the master of the mukatab pursues that from the one who assumes the responsibility; he takes his money falsely. It is not as if he is buying the mukatab; so that what he gives is part of the price of something that is his; and neither is the mukatab being freed so that the price established for him buys his inviolability as a free man. If the mukatab is unable to meet the payments he reverts to his master and is his slave. That is because kitaba is not a fixed debt which can be assumed by the master of the mukatab. It is something which; when it is paid by the mukatab; sets him free. If the mukatab dies and has a debt; his master is not one of the creditors for what remains unpaid of the kitaba. The creditors have precedence over the master. If the mukatab cannot meet the payments; and he owes debts to people; he reverts to being a slave owned by his master and the debts to the people are the liability of the mukatab. The creditors do not enter with the master into any share of the price of his person. Malik said; When people are written together in one kitaba and there is no kinship between them by which they inherit from each other; and some of them are responsible for others; then none of them are freed before the others until all the kitaba has been paid. If one of them dies and leaves property and it is more than all of what is against them; it pays all that is against them. The excess of the property goes to the master; and none of those who have been written in the kitaba with the deceased have any of the excess. The master claims are overshadowed by their claims for the portions which remain against them of the kitaba which can be fulfilled from the property of the deceased; because the deceased had assumed their responsibility and they must use his property to pay for their freedom. If the deceased mukatab has a free child not born in kitaba and who was not written in the kitaba; it does not inherit from him because the mukatab was not freed until he died.	The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik
MuwataMalik-017-001-34984		Malik said; The best of what I have heard about a mukatab whose master frees him at death; is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba; his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed; his killer would not be in debt for other than his value on the day he killed him. Had he been injured; the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value; only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made. Malik said; The illustration of that is that if the price of the mukatab is one thousand dirhams; and only one hundred dirhams remain of his kitaba; his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free. Malik said that if a man wrote his slave a kitaba at his death; the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property; that was permitted for him. Malik said; The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars; so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people; and there is no surplus in the third after the value of the mukatab; one begins with the mukatab because the kitaba is setting free; and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab; they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs; they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that; because the third commences with the mukatab and because all the bequests which he makes are as one. If the heirs then say; What our fellow bequeathed was more than one third of his property and he has taken what was not his; Malik said; His heirs choose. It is said to them; Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased bequests; then do so. If not; hand over to the people with bequests one third of the total property of the deceased. Malik continued; If the heirs surrender the mukatab to the people with bequests; the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba; they take that in their bequests according to their shares. If the mukatab cannot pay; he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice; and because when he was surrendered to the people with bequests; they were liable. If he died; they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes; his property goes to the people with bequests. If the mukatab pays what he owes; he is free and his wala returns to the paternal relations of the one who wrote the kitaba for him. Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba; and when he died he remitted one thousand dirhams from it. He said; The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba; that portion of the slave price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that; only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba; half the price is taken into account in the third of the property of the deceased. If it is more or less than that; it is according to this reckoning. Malik said; When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams; and he does not stipulate whether it is from the beginning or the end of his kitaba; each instalment is reduced for him by one tenth. Malik said; If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba; and the original basis of the kitaba is three thousand dirhams; the mukatab cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end; and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that; whether it is more or less; then it is according to this reckoning. Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth; and then the man died and the mukatab died and left a lot of property; more than he owed. He said; The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over; and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person. Malik said about a mukatab whose master freed him at death; If the third of the deceased will not cover him; he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash; and the third of the deceased is one thousand dirhams; half of him is freed and half of the kitaba has been reduced for him. Malik said about a man who said in his will; My slave so-and-so is free and write a kitaba for so-and- so; that the setting free had priority over the kitaba.	The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik
MuwataMalik-017-001-34989		Yahya said that Malik related from Muhammad Ibn Umara from Abu Bakr Ibn Hazm that Uthman Ibn Affan said; When boundaries are fixed in land; there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. Malik said; This is what is done in our community. Malik said; There is no pre-emption in a road; whether or not it is practical to divide it. Malik said; What is done in our community is that there is no pre- emption in the courtyard of a house; whether or not it is practical to divide it. Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said; They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed; they have the right of pre-emption. Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said; If the man right of inheritance is established; he also has a right of preemption. If the land has produced a crop; the crop belongs to the buyer until the day when the right of the other is established; because he has tended what was planted against being destroyed or being carried away by a flood. Malik continued; If the time has been long; or the witnesses are dead or the seller has died; or the buyer has died; or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time; pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this; because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption; the value of the land is estimated; and he buys the land for that price by his right of pre-emption. Then the buildings; plants; or structures which are extra to the land are looked at; so he is in the position of some one who bought the land for a known price; and then after that built on it and planted. The owner of pre-emption takes possession after that is included. Malik said; Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased; then they share it and sell it; and they have no pre-emption in it. Malik said; There is no pre- emption among us in a slave or a slave-girl or a camel; a cow; sheep; or any animal; nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided; and in land in which boundaries occur. As for what cannot be usefully divided; there is no pre-emption in it. Malik said; Some one who buys land in which people who are present have a right of pre-emption; refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them; and not refer their situation to the Sultan and they knew about his purchase; and then they left it until a long time had passed and then came demanding their pre-emption; I do not think that they would have it.	The Chapter on Throwing And Land And Property in HodHood Indexing, The Book of Dress in Muwata Malik
MuwataMalik-017-001-35137		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. Surat 4 ayat 11. The sunna is that the siblings be two or more.	The Chapter on Inheritance And Shares in HodHood Indexing, The Book of Blood Money in Muwata Malik
MuwataMalik-017-001-35139		Malik said; The generally agreed on way of doing things among us is that full siblings do not inherit anything with sons nor anything with grandsons through a son; nor anything with the father. They do inherit with the daughters and the granddaughters through a son when the deceased does not leave a paternal grandfather. Any property that is left over; they are in it as paternal relations. One begins with the people who are allotted fixed shares. They are given their shares. If there is anything left over after that; it belongs to the full siblings. They divide it between themselves according to the Book of Allah; whether they are male or female. The male has a portion of two females. If there is nothing left over; they have nothing. If the deceased does not leave a father or a paternal grandfather or children or male or female grandchildren through a son; a single full sister gets a half. If there are two or more full sisters; they get two thirds. If there is a brother with them; sisters; whether one or more; do not have a fixed share. One begins with whoever shares in the fixed shares. They are given their shares. Whatever remains after that goes to the full siblings. The male has the portion of two females except in one case; in which the full siblings have nothing. They share in this case the third of the half-siblings by the mother. That case is when a woman dies and leaves a husband; a mother; half- siblings by her mother; and full siblings. The husband has a half. The mother has one sixth. The half-siblings by the mother have a third. Nothing is left after that; so the full siblings share in this case with the half-siblings by the mother in their third. The male has the portion of two females in as much as all of them are siblings of the deceased by the mother. They inherit by the mother. That is because Allah; the Blessed; the Exalted; said in His Book; If a man or a woman has no direct heir and he has a brother or a sister; each one of the two gets a sixth. If there are more than that; they share equally in the third. Surat 4 ayat 12. They therefore share in this case because all of them are siblings of the deceased by the mother.	The Chapter on Inheritance And Shares in HodHood Indexing, The Book of Hudud in Muwata Malik
MuwataMalik-017-001-35146		Yahya related to me from Malik from Abdu Rabbih Ibn Said that Abu Bakr Ibn Abdulrahman Ibn AlHarith Ibn Hisham only gave a fixed share to two grandmothers together. Malik said; The generally agreed on way of doing things among us in which there is no dispute and which I saw the people of knowledge in our city doing; is that the maternal grandmother does not inherit anything at all with the mother. Outside of that; she is given a sixth as a fixed share. The paternal grandmotherdoes not inherit anything along with the mother or the father. Outside of that she is given a sixth as a fixed share. If both the paternal grandmother and maternal grandmother are alive; and the deceased does not have a father or mother outside of them; Malik said;.I have heard that if the maternal grandmother is the nearest of the two of them; then she has a sixth instead of the paternal grandmother. If the paternal grandmother is nearer; or they are in the same position in relation to the deceased; the sixth is divided equally between them. Malik said; None of the female grand-relations except for these two has any inheritance because I have heard that the Messenger of Allah; may Allah bless him and grant him peace; gave the grandmother inheritance; and then Abu Bakr asked about that until someone reliable related from the Messenger of Allah; may Allah bless him and grant him peace; that he had made the grandmother an heir and given a share to her. Another grandmother came to Umar Ibn AlKhattab; and he said; I am not one to add to fixed shares. If there are two of you together; it is between you. If either of you is left alone with it; it is hers. Malik said; We do not know of anyone who made other than the two grandmothers heirs from the beginning of Islam to this day.	The Chapter on Inheritance And Grandmothers in HodHood Indexing, The Book of Hudud in Muwata Malik
MuwataMalik-017-001-35150		Malik said; The generally agreed on way of doing things among us; in which there is no dispute; and which I saw the people of knowledge in our city doing; about paternal relations is that full brothers are more entitled to inherit than half-brothers by the father and half-brothers by the father are more entitled to inherit than the children of the full brothers. The sons of the full brothers are more entitled to inherit than the sons of the half-brothers by the father. The sons of the half-brothers by the father are more entitled to inherit than the sons of the sons of the full brothers. The sons of the sons of the half-brothers by the father side are more entitled to inherit than the paternal uncle; the full brother of the father. The paternal uncle; the full brother of the father; is more entitled to inherit than the paternal uncle; the half-brotherof the father on the father side. The paternal uncle; the half-brother of the father on the father side is more entitled to inherit than the sons of the paternal uncle; the full brother of the father. The son of the paternal uncle on the father side is more entitled to inherit than the paternal great uncle; the full brother of the paternal grandfather. Malik said; Everything about which you are questioned concerning the inheritance of the paternal relations is like this. Trace the genealogy of the deceased and whoever among the paternal relations contends for inheritance. If you find that one of them reaches the deceased by a father and none of them except him reaches him by a father; then make his inheritance to the one who reaches him by the nearest father; rather than the one who reaches him by what is above that. If you find that they all reach him by the same father who joins them; then see who is the nearest of kin. If there is only one half-brother by the father; give him the inheritance rather than more distant paternal relations. If there is a full brother and you find them equally related from a number of fathers or to one particular father so that they all reach the genealogy of the deceased and they are all half-brothers by the father or full brothers; then divide the inheritance equally among them. If the parent of one of them is an uncle the full-brother of the father of the deceased and whoever is with him is an uncle the paternal half brother of the father of the deceased ; the inheritance goes to the sons of the full brother of the father rather than the sons of the paternal half- brother of the father. That is because Allah; the Blessed; the Exalted; said; Those related by blood are nearer to one another in the Book of Allah; surely Allah has knowledge of everything. Malik said; The paternal grandfather; is more entitled to inherit than sons of the full-brother; and more entitled than the uncle; the full brother of the father. The son of the father brother is more entitled to inherit from mawali retainers freed slaves than the grandfathers.	The Chapter on Inheritance And Half Brothers in HodHood Indexing, The Book of Hudud in Muwata Malik
MuwataMalik-017-001-35563		Yahya related to me that Malik said; I consider that if a man dies and he has not paid zakat on his property; then zakat is taken from the third of his property from which he can make bequests ; and the third is not exceeded and the zakat is given priority over bequests. In my opinion it is the same as if he had a debt; which is why I think it should be given priority over bequests. Malik continued; This applies if the deceased has asked for the zakat to be deducted. If the deceased has not asked for it to be deducted but his family do so then that is good; but it is not binding upon them if they do not do it. Malik continued; The sunna which we are all agreed upon is that zakat is not due from someone who inherits a debt i.e. wealth that was owed to the deceased ; or goods; or a house; or a male or female slave; until a year has elapsed over the price realised from whatever he sells i.e. slaves or a house; which are not zakatable or over the wealth he inherits; from the day he sold the things; or took possession of them. Malik said; The sunna with us is that zakat does not have to be paid on wealth that is inherited until a year has elapsed over it.	The Chapter on Inheritance And Charity in HodHood Indexing, The Book of Faraid in Muwata Malik