Musannaf Ibn Abi Shaybah

Amr bin Shu’aib narrates from his father, from his grandfather, who said: Ri’ab bin Hudhaifah (may Allah be pleased with him), son of Sa’id bin Sahm, married Umm Wail bint Ma’mar Jumahiyyah, and they had three children. Then their mother passed away, so her sons inherited her wealth and also the wala’ (allegiance) of her mawali (clients). Then Amr bin al-‘As took them to Syria, and they died in the plague of ‘Amwas. He says: Upon this, Amr inherited from them as he was their ‘asaba (agnate). When Amr returned, Ma’mar’s sons came and brought the dispute about their sister’s wala’ to Umar bin Khattab (may Allah be pleased with him). Umar said: I will judge between you as I heard the Messenger of Allah (peace and blessings be upon him) say: “Whatever wealth a boy or a father gathers, it is for his ‘asaba, whoever they may be.” He says: After that, he judged in our favor and wrote a document for us, in which Abdur Rahman bin Awf, Zaid bin Thabit, and other companions were witnesses. Until when Abdul Malik bin Marwan became caliph, one of that girl’s mawali died and left two thousand dinars. News reached me that the decision had been changed, so they took the dispute to Hisham bin Isma’il. So we raised the matter to Abdul Malik and brought him Umar’s document. He said: I consider this a decision about which there can be no doubt, and I did not think that the people of Madinah had reached the point of doubting this decision. So he judged in our favor regarding it, and we continued to abide by that decision thereafter.