Returning the surplus (radd) and their disagreement over it

Alqamah said: Sayyiduna Ibn Mas'ud (may Allah be pleased with him) was asked about a mother and maternal half-brothers. He gave the maternal half-brothers one third of the estate and gave the rest of the estate to the mother, and he said: "The mother is the residuary heir ('asabah) of the one who has no residuary heir."

Masruq said: A case was brought to Sayyiduna Abdullah (may Allah be pleased with him) concerning a mother and maternal half-brothers. He gave a sixth of the estate to the mother, gave one third of the estate to the brothers and gave the remaining estate to the mother. And he said: "The mother is the residuary heir ('asabah) of the person who has no male residuary heir." And Sayyiduna Ibn Mas'ud (may Allah be pleased with him) did not hold with returning the estate (radd) to a paternal half-sister in the presence of a full sister, nor would he return the estate to a son's daughter in the presence of a daughter of one's own loins.

Ibrahim said: Sayyiduna Ali (may Allah be pleased with him) held with returning the estate (radd) to every sharer except the husband and the wife.

Mansur said: It has reached me that Sayyiduna Ali (may Allah be pleased with him) held with returning the estate (radd) to every sharer except the husband and the wife.

It is narrated from Abu Ja'far that Sayyiduna Ali (may Allah be pleased with him) would also return the estate (radd) to those of the dhawu al-arham (blood relatives) who are entitled to a share in the inheritance.

It is narrated from al-Shaybani that a judgement given by Abu Ubaydah bin Abdullah was mentioned before al-Sha'bi: that he gave the whole estate to a sister's daughter. Al-Sha'bi said: "This is the judgement of Sayyiduna Abdullah (may Allah be pleased with him)."

It is narrated from Amir that Sayyiduna Abdullah (may Allah be pleased with him) would return the estate (radd) to the daughter, the sister and the mother when there was no residuary heir ('asabah), whereas Sayyiduna Zayd (may Allah be pleased with him) would give them only their share.

Ibrahim said: Sayyiduna Abdullah (may Allah be pleased with him) did not return the estate (radd) to six persons: to the husband, to the wife, to the grandmother, to paternal half-sisters in the presence of full sisters, to sons' daughters in the presence of one's own daughters, and to a maternal half-sister in the presence of the mother.

Ibrahim said: I said to Alqamah: "Is the estate to be returned to maternal half-brothers in the presence of a grandmother?" He said: "If you wish."

He said: Sayyiduna Ali (may Allah be pleased with him) would return the estate to all of them except the husband and the wife.

Ibrahim transmits this same position of Sayyiduna Abdullah (may Allah be pleased with him) through another chain.

Al-Sha'bi said: Sayyiduna Salim, the freedman of Abu Hudhayfah (may Allah be pleased with him), was martyred, and Sayyiduna Abu Bakr (may Allah be pleased with him) gave his daughter half of the estate and spent the other half in the path of Allah.

Ibrahim said: None of the Companions of the Prophet (peace and blessings be upon him) would return any of the estate to the husband or the wife.

He said: Sayyiduna Zayd (may Allah be pleased with him) would give every sharer his share and would deposit the remaining estate in the public treasury (Bayt al-Mal).

Ibrahim said: Sayyiduna Abdullah (may Allah be pleased with him) did not return anything of the estate (radd) to a paternal half-sister in the presence of a full sister, nor anything to a son's daughter in the presence of a daughter, nor anything to maternal half-brothers in the presence of the mother, nor to the husband or the wife.

Mughirah and al-A'mash report that no one would return the estate to a grandmother; if there were other relatives, he would return it to them.