Musannaf Ibn Abi Shaybah

Fudayl narrates that Ibrahim gave a ruling regarding a Muslim woman who leaves her Muslim mother, and has Christian, Jewish, or disbelieving brothers, that Abdullah (may Allah be pleased with him) ruled that this woman receives one-sixth in the presence of those people, and he considered them as preventing others’ shares but did not make them heirs themselves. The rest of the companions of the Prophet (peace and blessings be upon him) ruled in this matter that they neither reduce the shares of others nor inherit themselves. Abu Bakr says that according to the ruling of the other companions (may Allah be pleased with them), this issue will be resolved out of four shares and it will be for the ‘asaba, and according to the ruling of Ibn Mas’ud (may Allah be pleased with him), it will be resolved out of five shares and it is for those relatives who become ‘asaba due to kinship. Abu Bakr says that according to the statements of all these gentlemen, this issue will be resolved out of six shares; in the opinion of Abdullah (may Allah be pleased with him), the mother will have one-sixth and the remaining five shares will remain, and in the opinion of the rest of the companions (may Allah be pleased with them), the mother will have one-third of the wealth, that is, two shares, and the remaining four shares will be for the ‘asaba.

33280 - Abu Bakr said: Thus, according to what the companions of the Prophet ﷺ judged, other than Abdullah, it is four shares, and it is for the (possessor) (1) of the 'asabah (agnatic heirs). And according to the judgment of Abdullah, it is five shares, and it is for the (possessor) (2) ⦗285⦘ of the 'asabah through kinship. Abu Bakr said: So, according to all of them, it is from six shares; if it is according to Abdullah, then the mother gets one-sixth and five remain, and if it is according to the companions of the Prophet ﷺ, then the mother gets one-third, which is two shares, and four are for the rest of the 'asabah.