Musannaf Ibn Abi Shaybah 33277 — A Muslim woman who died leaving

Fudayl reports from Ibrahim concerning a Muslim woman who leaves behind a Muslim husband and Muslim maternal half-brothers, while she has a Christian, Jewish or disbelieving son: for her husband is half of the estate, that is, three shares; for her maternal half-brothers is one third of the estate, that is, two shares; and the rest of the estate, according to the statement of Sayyiduna Ali (may Allah be pleased with him) and Sayyiduna Zayd (may Allah be pleased with him), is for the residuary heirs ('asabah). A Jew or a Christian cannot inherit from a Muslim. And in this case Sayyiduna Abdullah (may Allah be pleased with him) gave the judgement that the husband gets a quarter of the estate because she has a disbelieving son; in the opinion of Sayyiduna Abdullah (may Allah be pleased with him), disbelieving relatives can reduce the shares of others but do not inherit themselves, while in the opinion of Sayyiduna Ali and Sayyiduna Zayd (may Allah be pleased with them) they neither reduce the shares of others nor inherit themselves.