Muwatta Imam Malik (Riwayat Yahya)

Imam Malik, may Allah have mercy on him, said: According to us, this ruling is agreed upon that full brothers and sisters will not receive anything in the presence of a son or grandson, or in the presence of a father; rather, full brothers and sisters inherit along with daughters or granddaughters. When the deceased’s grandfather, that is, the father’s father, is not alive, then whatever wealth remains after giving the shares to the rightful heirs will go to the full brothers and sisters, and they will divide it among themselves according to the Book of Allah as «﴿لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾»; and if nothing remains, they will receive nothing. Imam Malik, may Allah have mercy on him, said: If the deceased has neither a father nor a grandfather, nor a son, nor a grandson, nor sons nor grandsons, and only one full sister remains, then she will receive half the wealth; if there are two or more full sisters, they will receive two-thirds; if there is a brother along with these sisters, then the sisters will not receive a fixed share, but after fulfilling the shares of the other rightful heirs, whatever remains will be divided among the brothers and sisters as «﴿لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾»; except in one case where nothing remains for the full brothers or sisters, then the maternal brothers and sisters will become their partners. The situation of this case is as follows: A woman dies and leaves behind a husband, mother, full brothers and sisters, and maternal brothers and sisters; the husband will receive half, the mother one-sixth, and the maternal brothers and sisters one-third. Now, if nothing remains for the full brothers and sisters, then in the one-third, they will become partners with the maternal brothers and sisters, but both men and women will receive equal shares, because all the brothers and sisters are maternal, having the same mother. Because Allah, Glorious and Exalted is He, says: “If a person dies leaving neither descendants nor ascendants, and has a brother or a sister, each one of them shall have one-sixth; but if they are more than that, they shall share one-third.” Thus, in this case, the full brothers and sisters also become partners with the maternal brothers and sisters in the one-third, because they are also maternal siblings.