Musannaf Ibn Abi Shaybah

Hakam bin Masood narrates that I saw Hazrat Umar (may Allah be pleased with him) giving real brothers an equal share with maternal brothers in one-third of the wealth. A man said to him, "Last year, in a similar case, you gave a different verdict." He asked, "What verdict did I give?" The man said, "You gave the wealth to the maternal brothers and gave nothing to the real brothers." He replied, "That verdict was also correct just as we gave it, and this verdict is also correct just as we are giving it."

Ibrahim narrates that Hazrat Umar, Zaid, and Ibn Mas'ud (may Allah be pleased with them) used to give equal shares in wealth to the husband, mother, full brothers, and maternal sisters, and they used to say that the father has only benefited them due to kinship, and they used to give equal shares to men and women.

Ibrahim said regarding the woman who, at the time of her death, left behind her husband, mother, full brother, and maternal brother: her husband will receive three shares, that is, half of the total wealth; her mother will receive one share, that is, one-sixth of the total wealth; and her maternal brothers will receive two shares, that is, one-third of the wealth. And he did not allot any share of inheritance to the woman's father and mother, following the decision of Hazrat Ali (may Allah be pleased with him), whereas Hazrat Umar, Abdullah, and Zaid bin Thabit (may Allah be pleased with them) included the full brothers with the maternal brothers in that one-third of the wealth which they inherited, except that these gentlemen allotted equal shares to the men and women among them.

Hazrat Abu Majliz states that Hazrat Usman (may Allah be pleased with him) also made those heirs equal partners.

Ibn al-Muntashir states that Hazrat Shurayh and Masruq also included full brothers with maternal brothers as partners.

Amr bin Shu'aib narrates from Sa'id bin Musayyib that he also gave the same verdict in this matter, and said that the father has only added kinship among them.

Ibn Tawus narrates that Hazrat Tawus said that the mother of the deceased will be given one-sixth share, and the husband will be given half of the wealth. And one-third will be distributed among the maternal brothers and the real brothers.

Abdullah bin Muhammad bin Aqeel narrates that a daughter of Hasan bin Hasan passed away, and she left behind a husband, mother, uterine brother, and full brother. They brought the matter to Umar bin Abdul Aziz (may Allah have mercy on him), so he gave half of the estate to the husband and one-sixth to the mother, and made the uterine brothers and full brothers equal partners. And he said to the husband: "Refrain with your peers to see whether they receive another share, until it becomes clear whether she is pregnant or not."

Ibrahim says that Hazrat Abdullah and Umar (may Allah be pleased with them) used to make them equal partners; he says that Hazrat Ali (may Allah be pleased with him) did not make them equal partners. Hazrat Abu Bakr says that this issue will be resolved from six shares: three shares for the husband, that is, half of the wealth; one-sixth for the mother; and one-third of the wealth for the maternal brothers, which is two shares.