Bayhaqi 12429 — Those who gave full or paternal brothers inheritance

Abd al-Rahman bin Abi al-Zinad reported that Abu al-Zinad took this letter from Kharijah bin Zayd and from the elders of the family of Zayd bin Thabit (may Allah be pleased with him): 'Bismillah al-Rahman al-Rahim' (In the name of Allah, the Most Gracious, the Most Merciful). To the servant of Allah, Mu'awiyah (may Allah be pleased with him), Commander of the Believers, from Zayd bin Thabit (may Allah be pleased with him). He then mentioned the letter in full and what was in it: I spoke quite severely with Umar bin al-Khattab (may Allah be pleased with him) about the grandfather and the paternal brothers. At that time I held that the brothers have a closer right to their brother than the grandfather, while Umar (may Allah be pleased with him) held that the grandfather has a greater right than the brothers. Our discussion of it grew long, until I set out for him a parable from some of his own sons, about some of them inheriting to the exclusion of others. He turned to me like an angry man and said: By Allah, besides whom there is no god, if I were to decide today in favour of some of them over others, I would decide it for the grandfather, and I hold that he is more entitled to it. But perhaps they are people with a right, and perhaps I will not deprive any of them of his share, and soon, if Allah wills, I will judge between them in the way I see it today. And I seek forgiveness from Allah, and I reckon that these were among the last words I exchanged with Umar bin al-Khattab (may Allah be pleased with him) about the grandfather and the brothers. Then I reckoned that after that he would divide among them. Then Uthman bin Affan (may Allah be pleased with him) also divided between the grandfather and the brothers in the way I have written to you in this document, and I reckon that I retained this from the judgements of the two of them at which I was present.
Some added these words: that Umar bin al-Khattab (may Allah be pleased with him) consulted them about the grandfather and the brothers, and Zayd bin Thabit (may Allah be pleased with him) said: At that time my opinion was that the brothers are more entitled to the inheritance of their brother than the grandfather, while Umar (may Allah be pleased with him) held that the grandfather is more entitled to the inheritance of his grandson than the brothers. Zayd bin Thabit (may Allah be pleased with him) said: I set out a parable for Umar bin al-Khattab (may Allah be pleased with him) about it.
I said: If a branch grows out of the root of a tree, then two twigs grow out of that branch, that branch, not the root, gathers the two twigs together and nourishes them. O Commander of the Believers! Do you not see that one of the two twigs is closer to its fellow than to the root? Zayd bin Thabit (may Allah be pleased with him) said: I set out the root of the tree as a likeness for the grandfather, the branch that grows out of the root as a likeness for the father, and the two twigs that grow out of the branch as a likeness for the brothers.