Muwatta 2161

الموطأ 2161 — يحيى عن مالك: الأمر المجتمع عليه أن الرجل إذا هلك وله بنون فقال أحدهم: أقر أبي أن فلانا ابنه، فإن ذلك النسب لا يثبت بشهادة إنسان واحد، ولا يجوز إقرار الذي أقر إلا على نفسه في حصته من مال أبيه، ويعطى الذي شهد له قدر ما يصيبه من المال

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Summary

Yahya said he heard Malik say: the agreed practice among us is that when a man dies leaving sons, and one of them says: my father acknowledged that so-and-so is his son. That lineage is not established by the testimony of one person, and the acknowledgement of the one who acknowledged binds only himself, in his share of his father's property. The one who testified for him is given the amount of property he gets from what is in his hands. Malik said: the explanation is that a man dies and leaves two sons and six hundred dinars, so each takes three hundred dinars. Then one of them testifies that his deceased father acknowledged that so-and-so is his son. Then the one who testified owes the claimant one hundred dinars, which is half the inheritance the claimed son would have had, if he were established. If the other acknowledged him too, he takes the other hundred, completes his right, and his lineage is established. 1

Place in the museum

Belongs to the Muwatta, Book of Judgments. Source: the Muwatta. Mentions Yahya ibn Yahya al-Laythi, Malik ibn Anas. Built on in the chapters on judgment (qada).

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Part of
Muwatta, Book of Judgements (aqdiya)
Mentions
Yahya ibn Yahya al-Laythi· Malik ibn Anas
Basis for
judgement (qada')

People and things also explored

Muwatta 2103· Muwatta 2104· Muwatta 2105· Muwatta 2108· Muwatta 2111· Muwatta 2123· Muwatta 2124· Muwatta 2126

Sources

  1. Muwatta, recension of Yahya ibn Yahya al-Laythi (ed. Bashar Awwad Ma'ruf) , p.285
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islam.museum contributors. “Muwatta 2161”. islam.museum, https://islam.museum/en/passage/muwatta-22-2161/. CC BY-SA 4.0. Last updated 2026-10-17.

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