When he leaves brothers and a grandfather, and their disagreement over it

Ubayd bin Nadilah said: Sayyiduna Umar (may Allah be pleased with him) and Sayyiduna Abdullah (may Allah be pleased with him) used to divide the grandfather's share in the presence of brothers, and they would have him given whichever was better for him: one sixth, or sharing with the brothers. Then Sayyiduna Umar (may Allah be pleased with him) wrote to Sayyiduna Abdullah: "I think that we have left the grandfather destitute. So when this letter of mine reaches you, make him a partner with the brothers in the division, in such a way that you have him given whichever is better for him: one third of the estate, or sharing with them in the division." Sayyiduna Abdullah (may Allah be pleased with him) accepted this.

Alqamah said: Sayyiduna Abdullah (may Allah be pleased with him) used to make the grandfather a partner with the brothers, but when the brothers were many he would have him given one third of the estate. Ibrahim, the narrator, said: When Alqamah died, I came to Ubaydah, and he told me that Sayyiduna Ibn Mas'ud (may Allah be pleased with him) used to make the grandfather a partner with the brothers, and when the brothers were many he would have him given one sixth of the estate. He said: On hearing this I returned from him with a heavy heart. Then I passed by Ubayd bin Nadilah, and he asked me: "What is the matter? Why this listlessness in you?" I said: "Why should it not be so, when such a thing has happened?" Then I related the whole matter to him. He said: "Both of them told you the truth." I said: "How excellent you are! How did both of them tell the truth?" He said: "The opinion of Sayyiduna Abdullah (may Allah be pleased with him) was that the grandfather should be made a partner with the brothers, and when they increased he should be given one sixth of the estate. Then he came to Sayyiduna Umar (may Allah be pleased with him) and saw that he would make the grandfather a partner with the brothers, and when the brothers increased he would have the grandfather given one third of the estate. So he abandoned his own opinion and began to act upon the opinion of Sayyiduna Umar (may Allah be pleased with him)."

Abdullah bin Salimah said: Sayyiduna Ali (may Allah be pleased with him) used to make the grandfather a partner with the brothers, up to one sixth of the whole estate.

Al-Sha'bi reports: A case about six brothers and a grandfather was brought to Sayyiduna Ali (may Allah be pleased with him), and he gave the grandfather one sixth of the estate.

Al-Sha'bi said: Sayyiduna Ibn Abbas (may Allah be pleased with them both) wrote to Sayyiduna Ali (may Allah be pleased with him) asking how the inheritance would be divided in the presence of six brothers and a grandfather. He replied: "Make the grandfather like one of these brothers, and erase my letter."

Ibrahim said: Sayyiduna Zayd (may Allah be pleased with him) used to make the grandfather a partner with the brothers up to one third of the estate.

Ibrahim reports that Sayyiduna Umar (may Allah be pleased with him) and Sayyiduna Abdullah (may Allah be pleased with him) used to make the grandfather a partner with the brothers up to one third of the estate.

Ibrahim reports that Sayyiduna Ali (may Allah be pleased with him) used to make the grandfather a partner with the brothers up to one sixth of the estate.

Ibrahim reports that Sayyiduna Umar (may Allah be pleased with him) wrote to Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him): "I fear that we have left the grandfather destitute, so have him given one third of the estate along with the brothers."

Al-Hasan reports that Sayyiduna Zayd (may Allah be pleased with him) used to say: The grandfather will share in the division of the estate with one or two brothers, and when the brothers are three he will be given one third of the whole estate. If there are holders of fixed shares along with him, it will be looked into: if one third of the estate is better for him, it will be given to him, and if partnership with the brothers is better, he will be made a partner. His share will not be reduced below one sixth of the estate.

Ibrahim said: Sayyiduna Abdullah (may Allah be pleased with him) and Sayyiduna Zayd (may Allah be pleased with him) used to assign one third of the estate to the grandfather and two thirds of the estate to the brothers. And in the case of a man who dies leaving four full brothers, two full sisters and a grandfather, Sayyiduna Ali (may Allah be pleased with him) used to divide the estate into six shares and have the grandfather given one sixth; Sayyiduna Ali (may Allah be pleased with him) would not reduce the grandfather's share below one sixth in the presence of brothers, and the rest of the estate would be divided on the rule that a male is given double the share of a female. And Sayyiduna Abdullah and Sayyiduna Zayd (may Allah be pleased with him) used to give the grandfather one third of the estate and the brothers two thirds of the estate, on the rule that a male is given double the share of a female. And Ibrahim said about the case of five brothers and a grandfather: According to the statement of Sayyiduna Ali (may Allah be pleased with him), the grandfather has one sixth of the estate and the brothers have the remaining five shares, and Sayyiduna Abdullah (may Allah be pleased with him) and Zayd (may Allah be pleased with him) used to have the grandfather given one third of the estate and the brothers two thirds of the estate.

Masruq said: Sayyiduna Ibn Mas'ud (may Allah be pleased with him) would not give the grandfather more than one sixth of the estate in the presence of brothers. He said: I said to him: "I have seen Sayyiduna Umar (may Allah be pleased with him) giving the grandfather one third of the estate in the presence of brothers." So he began having him given one third of the estate.

Abd al-Rahman bin Ghanm said: The first grandfather made an heir in Islam was Umar bin al-Khattab (may Allah be pleased with him). He intended to take the entire estate, so I said: "O Commander of the Faithful! The grandsons are a barrier for you."

Abu Bakr (Ibn Abi Shaybah) said: According to the statement of Sayyiduna Umar, Sayyiduna Abdullah and Sayyiduna Zayd (may Allah be pleased with them), this case works out from three shares: one third of the estate is for the grandfather and the rest is for the brothers. According to the statement of Sayyiduna Ali (may Allah be pleased with him), it works out from six shares: one sixth for the grandfather and the remaining five shares for the brothers.