Musannaf Ibn Abi Shaybah 33251 — Returning the surplus (radd)

Masruq said: A case was brought to Sayyiduna Abdullah (may Allah be pleased with him) concerning a mother and maternal half-brothers. He gave a sixth of the estate to the mother, gave one third of the estate to the brothers and gave the remaining estate to the mother. And he said: "The mother is the residuary heir ('asabah) of the person who has no male residuary heir." And Sayyiduna Ibn Mas'ud (may Allah be pleased with him) did not hold with returning the estate (radd) to a paternal half-sister in the presence of a full sister, nor would he return the estate to a son's daughter in the presence of a daughter of one's own loins.