Muwatta Malik (Yahya)

Malik said: The agreed-upon matter among us, in which there is no difference, and upon which I found the people of knowledge in our city, is that the maternal grandmother does not inherit anything along with the mother, and in other than that, one-sixth is prescribed for her as an obligatory share. And that the paternal grandmother does not inherit along with the mother, nor with the father, anything. And in other than that, one-sixth is prescribed for her as an obligatory share. So if the two grandmothers, the paternal grandmother and the maternal grandmother, are present, and the deceased has neither a father nor a mother besides them, Malik said: I have heard that if the maternal grandmother is closer, she receives the one-sixth, to the exclusion of the paternal grandmother. And if the paternal grandmother is closer, or if they are equally close to the deceased, then the one-sixth is divided between them, half and half.

Malik said: There is no inheritance for any of the grandmothers except for the two grandmothers, because it has reached me that the Messenger of Allah, peace and blessings be upon him, gave inheritance to the grandmother. Then Abu Bakr inquired about that until reliable information from the Messenger of Allah, peace and blessings be upon him, came to him that he gave inheritance to the grandmother, so he implemented it for her. Then the other grandmother came to Umar ibn al-Khattab, and he said to her: I will not add anything to the prescribed shares. So if you both are present, it is between you, and whichever of you is alone with it, it is for her.

Malik said: Then we do not know of anyone who inherited from more than two grandmothers, from the time Islam began until today.

Hazrat Abu Bakr bin Abdur Rahman would not allot a share except to the maternal grandmother or the paternal grandmother.

Imam Malik, may Allah have mercy on him, said: According to us, this is the ruling in which there is no difference of opinion, that the maternal grandmother will not receive anything while the mother is present; however, if the mother is not present, she will receive one-sixth. And the paternal grandmother will not receive anything while the mother or the father is present; when both the mother and father are not present, she will receive one-sixth. If both the maternal and paternal grandmothers are present and the deceased's parents, who are closer than the grandmothers, are not present, then among them, if the maternal grandmother is closer to the deceased, she alone will receive one-sixth (1), and if the paternal grandmother is closer (2) or both are equally close (3), then both will share the one-sixth.

Imam Malik, may Allah have mercy on him, said: There is no inheritance for anyone among the grandmothers except the mother’s mother, no matter how far she may be (1); apart from her, no other maternal (2) or paternal (3) grandmother is allotted inheritance. Because the Messenger of Allah, peace and blessings be upon him, allotted inheritance to the maternal grandmother, then Sayyiduna Abu Bakr, may Allah be pleased with him, also inquired about it, and when it became known to him that the Messenger of Allah, peace and blessings be upon him, allotted inheritance to the maternal grandmother, he did so as well. After that, the paternal grandmother came during the time of Sayyiduna Umar, may Allah be pleased with him. He said: I cannot increase the prescribed shares, but if you and the maternal grandmother are both present, then both of you should share the one-sixth, and if any one of you is alone, then she should take the full one-sixth (4).

Imam Malik, may Allah have mercy on him, said: Since the beginning of Islam until today, no one has allotted inheritance to any kind of grandmother except these maternal and paternal grandmothers.