Daraqutni

Isa bin Harith narrates that Shurayh bin Harith’s brother had an umm walad (a slave woman who bore him a child). She gave birth to a girl, then that girl got married and gave birth to a boy, then the umm walad passed away. The narrator states that there was a dispute regarding her inheritance between Shurayh bin Harith and the grandson of that umm walad, so they took their case to Judge Shurayh. Shurayh bin Harith said to Judge Shurayh: “There is no inheritance for this boy in the Book of Allah, because he is the grandson of this woman.” The narrator states: So Judge Shurayh ordered that the inheritance of the woman be given to the grandson and said: (The command of Allah, the Exalted, is:) “Blood relatives are nearer to one another (in inheritance) in the Book of Allah.” So Maysarah bin Yazid rode to Abdullah bin Zubair and informed him about the decision Judge Shurayh had given. Abdullah bin Zubair wrote a letter to Judge Shurayh. Maysarah bin Yazid mentioned to me that you recited this verse in such a situation: “Blood relatives are nearer to one another (in inheritance) in the Book of Allah.” This verse is about ‘asaba (agnatic) relatives and relates to the time when people used to make agreements with each other (i.e., they would become sworn brothers). A man would say: “You be my heir and I will be your heir.” When this verse was revealed, that practice was abandoned. Then Maysarah bin Yazid took that letter to Judge Shurayh. After reading it, he refused to retract his decision and said: “This man had freed this umm walad because of the child in her womb.”