Musannaf Ibn Abi Shaybah 33797 — Those who said: he inherits as long

Zakariyya bin Abi Za'idah said: I obtained these rulings on inheritance shares from Firas, and he said that al-Sha'bi had written them down for him: 1- Sayyiduna Zayd bin Thabit and Ibn Mas'ud (may Allah be pleased with them) ruled that full brothers are partners with maternal brothers in the property of the male and female offspring; and Sayyiduna Ali (may Allah be pleased with him) ruled that the property is for the maternal brothers and not for the full brothers. 2- Sayyiduna Ali and Zayd (may Allah be pleased with them) ruled that a paternal grandmother does not inherit while her son is alive; and Sayyiduna Abdullah (may Allah be pleased with him) made her an heir of one sixth of the property while her son is alive. 3- A woman left her mother and brothers who were in a state of unbelief and slavery. Concerning her, Sayyiduna Ali and Zayd (may Allah be pleased with them) ruled that one third of the property is for her mother and two thirds for the agnatic heirs ('asabah). Both of them did not make an unbeliever or a slave an heir from a free Muslim, nor did they exclude others through him; while Sayyiduna Ibn Mas'ud (may Allah be pleased with him) would exclude others through them but did not make them heirs, so he ruled one sixth for the mother and the remaining property for the agnatic heirs. 4- A woman left her husband and maternal brothers, and she had a son who was a slave. Sayyiduna Ali and Zayd (may Allah be pleased with them) ruled one half for her husband, one third for the brothers and the remainder for the agnatic heirs; and Sayyiduna Abdullah (may Allah be pleased with him) ruled one quarter for the husband and the remaining property for the agnatic heirs. 5- A woman left her mother and brothers who were in a state of unbelief and slavery. Sayyiduna Ali and Zayd (may Allah be pleased with them) ruled one third for her mother and the remaining property for the agnatic heirs; and Sayyiduna Abdullah (may Allah be pleased with him) ruled one sixth of the property for her mother and the remaining property for the agnatic heirs. 6- A woman left her husband and maternal brothers, and she had no agnatic heir. Sayyiduna Zayd (may Allah be pleased with him) ruled one half for the husband and one third for the brothers; and Sayyiduna Ali and Abdullah (may Allah be pleased with them) ruled that the remaining property be returned to the maternal brothers, because they would not return anything of what was left over from the inheritance shares to the husband, and they would return it to the close relatives who were known. 7- A woman left her mother. All of them ruled one third of the property for the mother; and Sayyiduna Ali and Ibn Mas'ud (may Allah be pleased with them) ruled that the remaining property be returned to the mother. 8- A man left his full sister and his mother. All of them ruled that one half is for his full sister and one third of the property for his mother; and Sayyiduna Ali and Abdullah (may Allah be pleased with them) ruled that the remaining property, which is one portion, be returned to the two of them according to their shares. Thus the sister will have three fifths (3/5) and the mother two fifths (2/5). 9- A man left his paternal sister, his grandmother and his wife. All of them ruled one half for the sister, one quarter of the property for the wife and one portion for the grandmother. Sayyiduna Ali (may Allah be pleased with him) returned the remaining property to his sister and grandmother according to their shares; and Sayyiduna Abdullah (may Allah be pleased with him) returned the property to the sister, because he did not hold with returning property to a grandmother unless there was no heir other than her. 10- A woman left her mother and her maternal sister. All of them ruled that one third of the property is for her mother and one sixth of the property for her sister; and Sayyiduna Ali (may Allah be pleased with him) ruled that the remaining property be returned to the two of them according to their shares, so two thirds of the property is for the mother and one third for the sister. Sayyiduna Abdullah (may Allah be pleased with him) ruled that the remaining property will be returned to the mother, because he would not return property to a maternal sister when the mother was present. Thus the mother will have five sixths and the sister one sixth of the property. 11- A woman left a full sister and a paternal sister. All of them ruled that one half of the property is for her full sister and one sixth of the property for the paternal sister, and the remaining property will be returned to the two of them according to their shares. Thus the full sister will have three quarters and the paternal sister one quarter. Sayyiduna Abdullah (may Allah be pleased with him) returned the remaining property to the full sister, so she will have five sixths of the property and the paternal sister one sixth of the property; he would not return property to a paternal sister when a full sister was present. 12- A woman left her full brothers and her mother. All of them ruled one sixth for her mother and one third for the brothers, and the remaining property was returned to them according to their shares. Thus the mother will have one third and the brothers two thirds. As for Sayyiduna Abdullah (may Allah be pleased with him), he returned the remaining property to the mother, so the mother will have two thirds and the brothers one third. 13- A woman left her daughter and her son's daughter. All of them ruled one half for her daughter and one sixth for her son's daughter. Sayyiduna Ali (may Allah be pleased with him) returned the remaining property to the two of them according to their shares; and Sayyiduna Abdullah (may Allah be pleased with him) returned the remaining property to the daughter alone. 14- A woman left her daughter and her grandmother. All of them ruled one half for the daughter and one sixth for the grandmother. Sayyiduna Ali (may Allah be pleased with him) returned the remaining property to the two of them according to their shares; and Sayyiduna Abdullah (may Allah be pleased with him) returned the remaining property to the daughter alone. 15- A woman left her daughter, her son's daughter and her mother. All of them ruled that one half is for her daughter, one sixth for her son's daughter and one sixth for her mother, and the remaining property was returned to them according to their shares. Sayyiduna Abdullah (may Allah be pleased with him) returned the remaining property to the daughter and the mother. As for Sayyiduna Zayd bin Thabit (may Allah be pleased with him), he placed the surplus from all of this in the public treasury (bayt al-mal); he would not return anything to an heir, and he would never add anything to the shares fixed by Allah. 16- A woman left her maternal brothers, men and women, and they were her agnatic heirs. They will divide one third among themselves equally, and the two thirds are for their males and not the women.