Kharijah bin Zayd (may Allah have mercy on him) narrates from his father (may Allah be pleased with him), according to the explanation of Abu al-Zinad, that the mother's inheritance, when her son or daughter dies and leaves children or son's children, male or female, or leaves two brothers, male or female, whether full, paternal or uterine, is a sixth for the mother. If the deceased leaves none of the above relatives, the mother has a full third, except in only two cases. These two are: a man dies leaving his wife and his parents, so his wife has a quarter and his mother has a third of the remainder, which is a quarter of the whole estate; and a woman dies leaving her husband and her parents, so her husband has a half and her mother has a third of the remainder, which is a sixth of the whole estate.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12294
Kharijah bin Zayd (may Allah have mercy on him) narrates from his father that he used to rule that the mother is reduced (in her share) by two brothers. They said to him: "O Abu Sa'id! Allah Almighty says: 'But if he has brothers, then for his mother is a sixth' [Surah al-Nisa: 11], and you reduce her by two brothers?" Abu Sa'id (may Allah be pleased with him) said: "The Arabs call two brothers 'brothers'." They said: "O Abu Sa'id! Have you made a mistake? They are only eight pairs: of sheep two and two, of goats two and two, of camels two and two, and of cattle two and two." Abu Sa'id (may Allah be pleased with him) said: "No. Allah Almighty says: 'And made of him the two mates, the male and the female' [Surah al-Qiyamah: 39]. So they are two mates; each one of them is a mate." He says: The male is a mate and the female is a mate.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12295
It is reported from Anas bin Sirin that a man asked Ibn Umar (may Allah be pleased with them both) about a man who died leaving his mother and two brothers. He said: "Go to Zayd (may Allah be pleased with him) and ask him, then inform me too of what Zayd says." He went to Zayd (may Allah be pleased with him), and he said: "The mother is blocked from the third; she has a sixth."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12296
Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) went to Sayyiduna Uthman bin Affan (may Allah be pleased with him) (and said) that two brothers do not reduce the mother from the third. Allah Almighty says: "But if he has brothers" [Surah al-Nisa: 11], and two brothers, in the language of your people, are not "brothers." Sayyiduna Uthman (may Allah be pleased with him) said: "I do not have the power to overturn what was before me, which has become established in the cities and by which people have inherited."
It is reported from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) concerning parents and brothers that he said: The brothers only block the mother from the third so that the sixth will be for them; and this is contrary to the view of Sayyiduna Zayd bin Thabit (may Allah be pleased with him) and others.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12297
Ibn Tawus narrates from his father that Ibn Abbas (may Allah be pleased with them both) said concerning the sixth from which the brothers block the mother: it is for the brothers, not for the father. The mother's share is reduced and it goes to the brothers.
Ibn Tawus said: It has reached me that the Prophet (peace and blessings be upon him) gave them the sixth. I met one of the children of the man whose brother was given the sixth, and he said: We learned that it was a bequest for them.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12298
Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) said: Whenever Sayyiduna Umar (may Allah be pleased with him) led us along a path, we found it easy. A case of a woman and parents was brought to him, and he assigned to the woman a quarter and to the mother a third of the remainder.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12299
Sayyiduna Abdullah (may Allah be pleased with him) related: Whenever Sayyiduna Umar (may Allah be pleased with him) took a path and we followed him, we found it easy. A case of a woman and parents was brought to him, and he gave the woman a quarter, gave the mother a third of the remainder, and gave the father two shares. [Sahih]
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12300
It is reported from Sayyiduna Uthman (may Allah be pleased with him) concerning a woman and parents that he divided it into four shares: for the woman a quarter, one share; for the mother a third of the remainder, one share; and for the father what remained.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12301
It is narrated from Sayyiduna Ali (may Allah be pleased with him): for the husband a half, for the mother a third of the remainder, and for the father two shares.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12302
It is reported from Sayyiduna Ali (may Allah be pleased with him) concerning a husband and parents: for the husband a half, for the mother a third, and for the father a sixth.
Al-Hasan bin Umarah is matruk (abandoned), and it has been narrated through another route that is munqati' (broken).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12303
It is reported from Sayyiduna Umar and Sayyiduna Abdullah (may Allah be pleased with them both) concerning a woman (wife) and parents: for the mother a third of the remainder. And Sayyiduna Ali (may Allah be pleased with him) said: For the mother is a third of the entire estate.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12304
Ikrimah (may Allah have mercy on him) said: Ibn Abbas (may Allah be pleased with them both) sent me to Zayd bin Thabit (may Allah be pleased with him) to ask him about a husband and parents. Zayd (may Allah be pleased with him) said: "For the husband a half, for the mother a third of the remainder, and for the father the rest of the estate." Ibn Abbas (may Allah be pleased with them both) said: "For the mother a third of the entire estate."
In one narration: For the mother a third of the remainder, which is a sixth. Ibn Abbas (may Allah be pleased with them both) sent a message to Zayd (may Allah be pleased with him): "Do you find this in the Book of Allah?" He said: "No, but I dislike giving a mother preference over a father." And Ibn Abbas (may Allah be pleased with them both) used to give the mother a third of the entire estate.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12305
Ikrimah (may Allah have mercy on him) said: I came to Ibn Abbas (may Allah be pleased with them both) and informed him. Ibn Abbas (may Allah be pleased with them both) said: "Go back and say to Zayd (may Allah be pleased with him): Do you say this by the Book of Allah or by your own opinion?" Ikrimah (may Allah have mercy on him) said: I went, and Zayd (may Allah be pleased with him) said: "I say it by my opinion." I returned and informed Ibn Abbas (may Allah be pleased with them both), and Ibn Abbas (may Allah be pleased with them both) said: "And I too say by my opinion: for the mother is a third of the whole estate."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12306
Hadith Gradingمحدثین:صحيح لغيره
Hadith Takhrij«صحيح لغيره۔ دون قوله وانا اقول برأبي»
Yazid al-Rishk (may Allah have mercy on him) said: I asked Sa'id bin al-Musayyab (may Allah have mercy on him) about a man who died and left a wife and parents. Sa'id (may Allah have mercy on him) said: "Zayd (may Allah be pleased with him) divided it into four shares: one share for the wife, a third of the remainder for the mother, and the rest of the estate for the father."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12309