Muwatta 1468

A saying of Malik: the settled matter among them is that the kalala is of two kinds. The verse at the beginning of Surat al-Nisa' is the kalala in which maternal brothers do not inherit when there is no child or father. The verse at the end of Surat al-Nisa' is the kalala in which brothers are residuaries if there is no child, so they inherit alongside the grandfather in the kalala, since the grandfather has a better claim than they do; he takes a sixth with the male children of the deceased. Malik adds that the grandfather has blocked the maternal brothers and taken their place in inheritance, so he has the better claim to what was theirs. Yahya transmitted it as a mursal, and most transmitters agreed on the mursal form, while al-Qa'nabi and Ibn al-Qasim connected it with differences. ¹

Belongs to the Muwatta, Book of Inheritance Shares. Source: the Muwatta. Mentions Malik ibn Anas and Zayd ibn Aslam. Built on in the chapters on inheritance shares.