كتاب الفرائضFara'id

Yahya related to me from Malik, "The generally agreed upon way of

doing things among us and what I have seen the people of knowledge

doing in our city about the fixed shares of inheritance of children

from the mother or father when one or other of them dies is that if

they leave male and female children, the male takes the portion of two

females. If there are only females, and there are more than two, they

get two thirds of what is left between them. If there is only one, she

gets a half. If someone shares with the children, who has a fixed

share and there are males among them, the reckoner begins with the

ones with fixed shares. What remains after that is divided among the

children according to their inheritance.

"When there are no

children, grandchildren through sons have the same position as

children, so that grandsons are like sons and grand-daughters are like

daughters. They inherit as they inherit and they overshadow as they

overshadow. If there are both children and grandchildren through sons,

and there is a male among the children, then the grandchildren through

sons do not share in the inheritance with him.

"If there is

no surviving male among the children, and there are two or more

daughters, the granddaughters through a son do not share in the

inheritance with them unless there is a male who is in the same

position as them in relation to the deceased, or further than them.

His presence gives access to whatever is left over, if any, to whoever

is in his position and whoever is above him of the granddaughters

through sons. If something is left over, they divide it among them,

and the male takes the portion of two females. If nothing is left

over, they have nothing.

"If the only descendant is a

daughter, she takes half, and if there are one or more grand-daughters

through a son who are in the same position to the deceased, they share

a sixth. If there is a male in the same position as the granddaughters

through a son in relation to the deceased, they have no share and no

sixth .

"If there is a surplus after the allotting of shares

to the people with fixed shares, the surplus goes to the male and

whoever is in his position and whoever is above him of the female

descendants through sons. The male has the share of two females. The

one who is more distant in relationship than grandchildren through

sons has nothing. If there is no surplus, they have nothing. That is

because Allah, the Blessed, the Exalted, said in His Book, 'Allah

charges you about your children that the male has the like of the

portion of two females. If there are more than two women they have two

thirds of what is left. If there is one, she has a half.' (Sura 4 ayat

10)

Malik said, "The inheritance of a husband from a wife when she

leaves no children or grandchildren through sons is a half. If she

leaves children or grandchildren through sons, male or female, by her

present or previous husbands, the husband has a quarter after bequests

or debts. The inheritance of a wife from a husband who does not leave

children or grandchildren through sons is a quarter. If he leaves

children or grandchildren through sons, male or female, the wife has

an eighth after bequests and debts. That is because Allah, the

Blessed, the Exalted! said in His Book, 'You have a half of what your

wives leave if they have no children. If they have children, you have

a fourth of what they leave after bequests and debts. They have a

fourth of what you leave if you have no children. If you have

children, they have an eighth after bequests or debts.' " (Sura4ayat

11).

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."

Malik said, "The generally agreed upon way of doing things among

us is that maternal half-siblings do not inherit anything when there

are children or grandchildren through sons, male or female. They do

not inherit anything when there is a father or the father's father.

They inherit in what is outside of that. If there is only one male or

female, they are given a sixth. If there are two, each of them has a

sixth. If there are more than that, they share in a third which is

divided among them. The male does not have portion of two females.

That is because Allah, the Blessed, the Exalted, says in His Book, 'If

a man or woman has no direct heir, and he has a brother or sister, by

the mother, each of them has a sixth. If there are more than two, they

share equally in a third.' " (Sura 4 ayat 12).

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. ' (Sura 4 ayat 12) . They therefore share in this case

because all of them are siblings of the deceased by the mother."

Malik said, "The generally agreed on wayof doing things among us

is that when there are no full siblings with them, half-siblings by

the father take the position of full siblings. Their males are like

the males of the full siblings, and their females are like their

females except in the case where the half-siblings by the mother and

the full siblings share, because they are not offspring of the mother

who joins these."

Malik said, "If there are both full

siblings and half-siblings by the father and there is a male among the

full siblings none of the half-siblings by the father have any

inheritance. If there is one or more females in the full siblings and

there is no male with them, the one full sister gets a half, and the

half sister by the father gets a sixth, completing the two-thirds. If

there is a male with the half-sisters by the father, they have no

share. The people of fixed shares are given their shares and if there

is something left after that it is divided between the half-siblings

by the father. The male has the portion of two females. If there is

nothing left over, they get nothing. If the full siblings consist of

two or more females, they get two-thirds, and the half-sisters by the

father get nothing with them unless there is a half-brother by the

father with them. If there is a half-brother by the father with them,

the people of fixed shares are given their shares and if there is

something left over after that, it is divided between the half-

siblings by the father. The male gets the portion of two females. If

there is nothing left over, they get nothing. Half-siblings by the

mother, full-siblings, and half-siblings by the father, each have a

sixth (when they are onlyone). Two and more share a third. The male

has the same portion as the female. They are in the same position in

it."

Yahya related to me from Malik from Yahya ibn Said that he had

heard that Muawiya ibn Abi Sufyan wrote to Zayd ibn Thabit asking him

about the grandfather. Zayd ibn Thabit wrote to him, "You have written

to me asking me about the grandfather. Allah knows best. That is part

of what is only determined by the amirs, i.e. the khalifs. I was

present with two khalifs before you who gave the grandfather a half

with one sibling, and a third with two. If there were more siblings,

they did not decrease his third."

Yahya related to me from Malik from Ibn Shihab from Qabisa ibn

Dhu'ayba that Umar ibn al-Khattab gave the grandfather "what people

give him today."

Yahya related to me from Malik that he had heard that Sulayman

ibn Yasar said, ''Umar ibn al-Khattab, Uthman ibn Affan, andZayd ibn

Thabit gave the grandfather a third with full siblings". Malik said,

"The generally agreed on way of doing things among us and what I have

seen the people of knowledge in our city doing is that the paternal

grandfather does not inherit anything at all with the father. He is

given a sixth as a fixed share with the son and the grandson through a

son. Other than that, when the deceased does not leave a mother or a

paternal aunt, one begins with whoever has a fixed share, and they are

given their shares. If there is a sixth of the property left over, the

grandfather is given a sixth as a fixed share."

Malik said,

"When someone shares with the grandfather and the full siblings in a

specified share, one begins with whoever shares with them of the

people of fixed shares. They are given their shares. What is left over

after that belongs to the grandfather and the full siblings. Then one

sees which is the more favourable of two alternatives for the portion

of the grandfather. Either a third is allotted to him and the siblings

to divide between them, and he gets a share as if he were one of the

siblings, or else he takes a sixth from all the capital. Whichever is

the best portion for the grandfather is given to him. What is left

after that, goes to the full siblings. The male gets the portion of

two females except in one particular case. The division in this case

is different from the preceding one. This case is when a woman dies

and leaves a husband, mother, full sister and grandfather. The husband

gets a half, the mother gets a third, the grandfather gets a sixth,

and the full sister gets a half. The sixth of the grandfather and the

half of the sister are joined and divided into thirds. The male gets

the share of two females. Therefore, the grandfather has two thirds,

and the sister has one third."

Malik said, "The inheritance

of the half-siblings by the father with the grandfather when there are

no full siblings with them, is like the inheritance of the full

siblings (in the same situation). The males are the same as their

males and the females are the same as their females. When there are

both full siblings and half-siblings by the father, the full siblings

include in their number the number of half-siblings by the father, to

limit the inheritance of the grandfather, i.e., if there was only one

full sibling with the grandfather. They would share, after the

allotting of the fixed shares, the remainder of the inheritance

between them equally. If there were also two half-siblings by the

father, their number is added to the division of the sum, which would

then be divided four ways. A quarter going to the grandfather and

three-quarters going to the full siblings who annex the shares

technically allotted to the half-siblings by the father. They do not

include the number of half-siblings by the mother, because if there

were only half-siblings by the father they would not inherit anything

with the grandfather and all the capital would belong to the

grandfather, and so the siblings would not get anything after the

portion of the grandfather.

"It belongs to the full siblings

more than the half-siblings by the father, and the half-siblings by

the father do not get anything with them unless the full siblings

consist of one sister. If there is one full sister, she includes the

grandfather with the half-siblings by her father in the division,

however many. Whatever remains for her and these half-siblings by the

father goes to her rather than them until she has had her complete

share, which is half of the total capital. If there is surplus beyond

half of all the capital in what she and the half-siblings by the

father acquire it goes to them. The male has the portion of two

females. If there is nothing left over, they get nothing."

Yahya related to me from Malik from Ibn Shihab from Uthman ibn

Ishaq ibn Kharasha that Qabisa ibn Dhu'ayb said, "A grandmother came

to Abu Bakr as-Siddiq and asked him for her inheritance. Abu Bakr said

to her, 'You have nothing in the Book of Allah, and I do not know that

you have anything in the sunna of the Messenger of Allah, may Allah

bless him and grant him peace. Go away therefore, until I have

questioned the people.' (i.e.the Companions). He questioned the

people, and al-Mughira ibn Shuba said, 'I was present with the

Messenger of Allah, may Allah bless him and grant him peace, when he

gave the grandmother a sixth.' Abu Bakr said, 'Was there anybody else

with you?' Muhammad ibn Maslama al-Ansari stood up and said the like

of what al-Mughira said. Abu Bakr as-Siddiq gave it to her. Then the

other grandmother came to Umar ibn al-Khattab and asked him for her

inheritance. He said to her, "You have nothing in the Book of Allah,

and what has been decided is only for other than you, and I am not one

to add to the fixed shares, other than that sixth. If there are two of

you together, it is between you. If eitherof you is left alone with

it, it is hers."

Yahya related to me from Malik from Yahya ibn Said that al-Qasim

ibn Muhammad said, "Two grandmothers came to Abu Bakr asSiddiq, and he

wanted to give the sixth to the one who was from the mother's side,

and a man of the Ansar said, 'What? Are you omitting the one from whom

he would inherit if she died while he was alive?' Abu Bakr divided the

sixth between them.~

Yahya related to me from Malik from Abdu Rabbih ibn Said that Abu

Bakr ibn Abd ar-Rahman ibn al-Harith 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 al-Khattab, 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."

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn

al-Khattab asked the Messenger of Allah, may Allah bless him and grant

him peace, about someone who died without parents or offspring, and

the Messenger of Allah, may Allah bless him and grant him peace, said

to him, "The ayat which was sent down in the summer at the end of the

Surat an-Nisa (Sura 4) is enoughfor you."

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 person who leaves neither parent or offspring can be of two

types. As for the kind described in the ayat which was sent down at

the beginning of the Surat an-Nisa in which Allah, the Blessed, the

Exalted! said, 'If a man or a woman has no direct heir, but has a

brother or a sister by the mother, each of the two has a sixth. If

there are more than that, they share equally in a third.' (Sura 4 ayat

12) This heirless one does not have heirs among his mother's siblings

since there are no children or parents. As for the other kind

described in the ayat which comes at the end of the Surat an-Nisa,

Allah, the Blessed, the Exalted, said in it, 'They will ask you for a

decision. Say, "Allah gives you a decision about the indirect heirs.

If a man perishes having no children, but he has a sister, she shall

receive a half of what he leaves, and he is her heir if she has no

children. If there are two sisters, they shall receive two-thirds of

what he leaves. If there are brothers and sisters, the male shall

receive the portion of two females. Allah makes clear to you that you

might not go astray. Allah has knowledge of everything" ' " (Sura 4

ayat 176).

Malik said, "If this person without direct heirs

(parents) or children has siblings by the father, they inherit with

the grandfather from the person without direct heirs. The grandfather

inherits with the siblings because he is more entitled to the

inheritance than them. That is because he inherits a sixth with the

male children of the deceased when the siblings do not inherit

anything with the male children of the deceased. How can he not be

like one of them when he takes a sixth with the children of the

deceased? How can he not take a third with the siblings while the

brother's sons take a third with them? The grandfather is the one who

overshadows the half-siblings by the mother and keeps them from

inheriting. He is more entitled to what they have because they are

omitted for his sake. If the grandfather did not take that third, the

half-siblings by the mother would take it and would take what does not

return to the half-siblings by the father. The half-siblings by the

mother are more entitled to that third than the half-siblings by the

father while the grandfather is more entitled to that than the half-

siblings by the mother."

Yahya related to me from Malik from Muhammad ibn Abi Bakr ibn

Muhammad ibn Amribn Hazm that Abdar-Rahman ibn Hanthala az-Zurqi was

informed by a mawla of Quraysh,who used to be known as Ibn Mursi, that

he was sitting with Umar ibn al-Khattab, and when they had prayed

dhuhr, he said, "Yarfa! Bring that letter! (a letter which he had

written about the paternal aunt.) We asked about her and asked for

information about her." Yarfa brought it to him. He called for a small

vessel or a drinking-bowl in which there was water. He erased the

letter in it. Then he said, "Had Allah approved of you as an heir, we

would have confirmed you. Had Allah approved of you, we would have

confirmed you."

Yahya related to me from Malik that Muhammad ibn Abi Bakr ibn

Hazm heard his father say many times, ''Umar ibn al-Khattab used to

say, 'It is a wonder that the paternal aunt is inherited from and does

not inherit.' "

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's 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's side. The paternal uncle, the half-brother of the father

on the father's 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's 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's brother is more

entitled to inherit from mawali retainers (freed slaves) than the

grandfathers."

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 citydoing, is that the child of the half-sibling by the mother,

the paternal grandfather, the paternal uncle who is the maternal half-

brother of the father, the maternal uncle, the great-grandmother who

is the mother of the mother's father, the daughter of the full-

brother, the paternal aunt, and the maternal aunt do not inherit

anything by their kinship."

Malik said, "The woman who is the

furthest relation of the deceased of those who were named in this

book, does not inherit anything by her kinship, and women do not

inherit anything apart from those that are named in the Qur'an. Allah,

the Blessed, the Exalted, mentioned in His Book the inheritance ofthe

mother from her children, the inheritance of the daughters from their

father, the inheritance of the wife from her husband, the inheritance

of the full sisters, the inheritance of the half-sisters by the father

and the inheritance of the half-sisters by the mother. The grandmother

is made an heir by the example of the Prophet, may Allah bless him and

grant him peace, made about her. A woman inherits from a slave she

frees herself because Allah, the Blessed, the Exalted, said in His

Book, 'They are your brothers in the deen and your mawali.' "

Yahya related to me from Malik from Ibn Shihab from Ali ibn

Husayn ibn Ali from Umar ibn Uthman ibn Affan from Usama ibn Zayd that

the Messenger of Allah, may Allah bless him and grant him peace, said,

"A muslim does not inherit from a kafir."

Yahya related to me from Malik from Ibn Shihab that Ali ibn

Husayn ibn Ali ibn Abi Talib told him that Aqil and Talib inherited

from Abu Talib, and Ali did not inheritfrom him. Ali said, "Because of

that, we have given up our portion of ash Shab." (A house belonging to

Banu Hashim).

Yahya related to me from Malik from Yahya ibn Said from Sulayman

ibn Yasar that Muhammad ibn al-Ashath told him that he had a christian

or jewish paternal aunt who died. Muhammad ibn al-Ashath mentioned

that to Umar ibn al-Khattab and said to him, "Who inherits from her?"

Umar ibn al-Khattab said to him, "The people of her deen inherit from

her." Then he went to Uthman ibn Affan, and asked him about that.

Uthman said to him, "Do you think that I have forgotten what Umar ibn

al-Khattab said to you? The people.of her deen inherit from her."

Yahya related to me from Malik from Yahya ibn Said from Ismail

ibn Abi Hakim that Umar ibn Abd al-Aziz freed a christian who then

died. Ismail said, ''Umar ibn Abd al-Aziz ordered me to put his

property in the bayt al-mal."

Yahya related to me from Malik from a reliable source of his who

had heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab refused to

let anyone inherit from the non-arabs except for one who was born

among the arabs."

Malik said, "If a pregnant woman comes from

the land of the enemy and gives birth in arab land so that he is her

(an arab) child, he inherits from her if she dies, and she inherits

from him if he dies, by the Book of Allah."

Malik said, "The

generally agreed on way of doing things among us and the sunna in

which there is no dispute, and what I saw the people of knowledge in

our city doing, is that a Muslim does not inherit from a kafir by

kinship, clientage (wala'), or maternal relationship, nor does he (the

Muslim) overshadow any (of the kafirs) from his inheritance.

Malik said, "Similarly, someone who forgoes his inheritance when he is

the chief heir does not overshadow anyone from his inheritance."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman

from more than one of the people of knowledge of that time, that those

who were killed on the Day of the Camel, the Day of Siffin, the Day of

al-Harra, and the Day of Qudayd did not inherit from each other. None

of them inherited anything from his companion unless it was known that

he had been killed before his companion.

Malik said, "That is

the way of doing things about which there is no dispute, and which

none of the people of knowledge in our city doubt. The procedure with

two mutual heirs who are drowned, or killed in another way, when it is

not known which of them died first is the same - neither of them

inherits anything from his companion. Their inheritance goes to

whoever remains of their heirs. They are inherited from by the

living."

Malik said, "No one should inherit from anyone else

when there is doubt, and one should only inherit from the other when

there is certainty of knowledge and witnesses. That is because a man

and his mawla whom his father has freed might die at the same time.

The sons of the free man could say, 'Our father inherited from the

mawla.' They should not inherit from the mawla without knowledge or

testimony that he died first. The living people most entitled to his

wala' inherit from him."

Malik said, "Another example is two

full brothers who die. One of them has children and the other does

not. They have a half-brother by their father. It is not known which

of them died first, so the inheritance of the childless one goes to

his half-brother by the father. The children of the full-brother get

nothing."

Malik said, "Another example is when a paternal

aunt and the son of her brother die, or else the daughter of the

brother and her paternal uncle. It is not known which of them died

first. The paternal uncle does not inherit anything from the daughter

of his brother, and the son of the brother does not inherit anything

from his paternal aunt."

Yahya related to me from Malik that he had heard that Urwa ibn

az-Zubayr said about the child of lian and the child of fornication,

that if they died, the mother inherited her right from them according

to the Book of Allah, the Mighty, the Majestic! The siblings by the

mother had their rights. The rest was inherited by the former masters

of the mother if she was a freed slave. If she was a free woman by

origin, she inherited her due and the siblings by the mother inherited

their due, and the rest went to the Muslims.

Malik said, "I

heard the same as that from Sulayman ibn Yasar."

Malik said,

"That is what I saw the people of knowledge in our city doing."