A man who died leaving his daughter and his sister

Al-Aswad bin Yazid said: Sayyiduna Mu'adh (may Allah be pleased with him) gave judgement in Yemen concerning a daughter and a full sister, that half of the estate is for the sister and half of the estate for the daughter.

The same statement is also reported from al-Aswad through another chain.

Al-Aswad bin Yazid said: Sayyiduna Ibn al-Zubayr (may Allah be pleased with him) held the view that a sister is given nothing when a daughter is present, until I narrated to him that Sayyiduna Mu'adh (may Allah be pleased with him) gave a ruling in Yemen concerning a daughter and a full sister, that half of the estate is for the daughter and half for the sister. At that he said: "You are to go as my messenger to Ibn Utbah, and order him to do this."

Al-Aswad said: I told Sayyiduna Ibn al-Zubayr (may Allah be pleased with him) the statement of Sayyiduna Mu'adh (may Allah be pleased with him), and he said: "You are my messenger to Ibn Utbah; order him to do this."

Abu Salamah said: Sayyiduna Umar (may Allah be pleased with him) divided the estate between a daughter and a sister, half and half.

Abu Husayn narrated that Abdullah bin Utbah said concerning a daughter and a sister: "They will receive half and half."

Al-Aswad said: Sayyiduna Ibn al-Zubayr (may Allah be pleased with him) had resolved to deprive sisters of inheritance when daughters were present, so I narrated to him that Sayyiduna Mu'adh (may Allah be pleased with him) had given judgement on this among us and had made a daughter and a sister heirs.

Amir said: Sayyiduna Ali, Sayyiduna Ibn Mas'ud and Sayyiduna Mu'adh (may Allah be pleased with them) used to say about the shares of a daughter and a sister: half and half. This is the view of the Companions of Muhammad (peace and blessings be upon him), except Sayyiduna Ibn al-Zubayr (may Allah be pleased with him) and Sayyiduna Ibn Abbas (may Allah be pleased with them both).

Al-Musayyab bin Rafi' said: I was sitting with Abdullah bin Utbah, who had ordered me to bring about a settlement between a daughter and a sister, and Sayyiduna Ibn al-Zubayr (may Allah be pleased with him) had ordered him not to make the sister an heir when a daughter is present. I was just about to bring about the settlement between the two of them when al-Aswad bin Yazid came and said: "I saw Sayyiduna Mu'adh (may Allah be pleased with him) in Yemen divide the estate between a daughter and a sister. I went to Sayyiduna Ibn al-Zubayr (may Allah be pleased with him) and told him this, and he ordered me to come to you and tell you as well, so that you may judge accordingly and write this to him." He said: "O Aswad, in our estimation you are a truthful man. Go to him and tell him this, so that he may judge accordingly."

Abu Bakr (Ibn Abi Shaybah) said: This issue is worked out from two shares, one share of which is for the daughter and one for the sister.