It is narrated from al-Sha'bi (may Allah have mercy on him) that the first to inherit as a grandfather in Islam was Sayyiduna Umar (may Allah be pleased with him). A certain grandson of his died, and Sayyiduna Umar (may Allah be pleased with him) intended to take his wealth to the exclusion of his brothers. Sayyiduna Ali and Zayd (may Allah be pleased with them both) said to him: That is not your right. Sayyiduna Umar (may Allah be pleased with him) said: Had the two of you not agreed in your opinion, I would not have thought that he was my son, nor that I was his father.
This is mursal; al-Sha'bi did not live in the days of Umar, but it is a good mursal.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12427
Sa'id bin Sulayman bin Zayd bin Thabit narrates from his father, and he from his grandfather (Sayyiduna Zayd bin Thabit, may Allah be pleased with him), that Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) asked permission to come in to Sayyiduna Zayd bin Thabit (may Allah be pleased with him). He was given permission. At that time the head of Sayyiduna Zayd (may Allah be pleased with him) was in the hands of his slave girl, who was combing his hair, and he pulled his head away (out of modesty). Sayyiduna Umar (may Allah be pleased with him) said to Sayyiduna Zayd (may Allah be pleased with him): "Let her comb your hair." Sayyiduna Zayd (may Allah be pleased with him) said: "O Commander of the Believers! Had you sent for me, I would have come to you myself." Sayyiduna Umar (may Allah be pleased with him) said: "The need is mine; I have come to you so that you may consider the matter of the grandfather (his inheritance)." Sayyiduna Zayd (may Allah be pleased with him) said: "By Allah, we have said nothing about the grandfather." Sayyiduna Umar (may Allah be pleased with him) said: "It is not revelation, such that we could not add to it or take from it; it is only something we hold as an opinion. If you see it agreeing with me, follow it; otherwise there is nothing upon you in it." Sayyiduna Zayd (may Allah be pleased with him) refused, and Sayyiduna Umar (may Allah be pleased with him) went away angry and said: "I came to you thinking that you would fulfil my need." Then he came a second time at the same hour as the first time, and kept at him until Sayyiduna Zayd (may Allah be pleased with him) said: "I will write something for you." So Sayyiduna Zayd (may Allah be pleased with him) wrote it on a piece of a camel saddle (a wooden board) and set out a parable for it: "The likeness of this grandfather is that of a tree that grows on a single trunk. A branch comes out of it, then another branch comes out of that branch. The trunk waters the branch. If you cut off the first branch, the water returns to the second branch, and if you cut off the second, the water returns to the first." Sayyiduna Umar (may Allah be pleased with him) brought it and addressed the people, then read out that piece of the saddle and said: "This is what Sayyiduna Zayd bin Thabit (may Allah be pleased with him) has said about the grandfather, and I have put it into effect." (The narrator said:) Sayyiduna Umar (may Allah be pleased with him) was the first grandfather (to inherit). He had intended to take all the wealth of his grandson himself, to the exclusion of his brothers, but Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) afterwards divided it.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12428
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.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12429
Al-Sha'bi (may Allah have mercy on him) said: The view of Abu Bakr and Umar (may Allah be pleased with them both) was that the grandfather is more entitled than the brother, and Umar (may Allah be pleased with him) disliked speaking about it. When Umar (may Allah be pleased with him) became a grandfather, he said: This is a matter that has now arisen, and people must know it. So he asked Zayd bin Thabit (may Allah be pleased with him), saying: The view of Abu Bakr (may Allah be pleased with him) was that we make the grandfather more entitled than the brother. Zayd (may Allah be pleased with him) said: O Commander of the Believers! Do not take a tree that grows, from which a branch comes out, and from that branch another branch comes out; how then is the first branch made more entitled than the second, when the one branch came out of the other? Then Umar (may Allah be pleased with him) asked Sayyiduna Ali (may Allah be pleased with him), and he said the same as Zayd (may Allah be pleased with him), except that he likened it to a torrent that flows, from which a stream branches off, then two streams branch off from it. Then he said: What do you think: if the middle stream were to dry up, would it not return to both streams together? Sayyiduna Umar (may Allah be pleased with him) stood up, addressed the people and said: Is there anyone among you who heard the Messenger of Allah (peace and blessings be upon him) say anything about the grandfather? A man stood up and said: I heard the Messenger of Allah (peace and blessings be upon him); a case of inheritance was mentioned before him in which a grandfather was included, and he (peace and blessings be upon him) gave the grandfather a third. Umar (may Allah be pleased with him) said: Who else was there with him among the heirs? He said: I do not know. Umar (may Allah be pleased with him) said: May you not know! Then he addressed the people and said: Is there anyone among you who heard from the Messenger of Allah (peace and blessings be upon him) about the share of the grandfather? A man stood up and said: I heard the Messenger of Allah (peace and blessings be upon him); a case of inheritance was mentioned before him in which a grandfather was included, and he (peace and blessings be upon him) gave him a sixth. Umar (may Allah be pleased with him) said: Who else was there with him among the heirs? He said: I do not know. Umar (may Allah be pleased with him) said: May you not know!
Al-Sha'bi (may Allah have mercy on him) said: Zayd bin Thabit (may Allah be pleased with him) used to treat him as a brother until they reached three with him as the third of them; when they were more than three, he gave him a third. Ali (may Allah be pleased with him) used to treat him as a brother until they reached six with him as the sixth of them; when they were more, he gave him a sixth.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12430
Sayyiduna Zayd (may Allah be pleased with him) said: "O Commander of the Believers! Do not take the likeness of a tree that grows, from which a branch comes out, and from that branch two branches come out; how then do you make the first more entitled than the second, when both came out of the first?" Then Umar (may Allah be pleased with him) asked Sayyiduna Ali (may Allah be pleased with him), saying to him what he had said to Zayd (may Allah be pleased with him). Sayyiduna Ali (may Allah be pleased with him) said the same as Zayd (may Allah be pleased with him), except that Ali (may Allah be pleased with him) gave the likeness of a torrent that flows, from which a stream branches off, then two streams branch off from it, and he said: "What do you think: if the water of the middle stream dried up, would it return to both streams together?"
The Shaykh said: Abdullah bin Mas'ud (may Allah be pleased with him) used to make the grandfather share with the full and paternal brothers and sisters.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12431