Al-Hakam bin Mas'ud al-Thaqafi said: I was present with Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) when he made the full brothers share with the maternal brothers in the third. A man said to him: Last year you judged this differently. Sayyiduna Umar (may Allah be pleased with him) asked: How did I judge? He said: You gave it to the maternal brothers and gave nothing to the full brothers. Sayyiduna Umar (may Allah be pleased with him) said: That was according to how we judged then, and this is according to how we judge now.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12467
It is like the previous hadith.
Sufyan bin Uyaynah and Abd al-Razzaq narrated it from Ma'mar and said in its chain: Mas'ud bin al-Hakam. Ya'qub bin Sufyan said: This is an error; it is al-Hakam bin Mas'ud. He said: Mas'ud bin al-Hakam is from Banu Zurayq, and the one from whom Wahb bin Munabbih narrated is al-Hakam bin Mas'ud al-Thaqafi.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12468
Mas'ud bin al-Hakam al-Thaqafi (may Allah have mercy on him) said: Sayyiduna Umar (may Allah be pleased with him) gave judgement concerning a woman who left her husband, her daughter, her maternal siblings and her full siblings. Sayyiduna Umar (may Allah be pleased with him) made the maternal and full siblings share equally in the third. A man said: O Commander of the Believers! You did not make them share in such-and-such a year. Sayyiduna Umar (may Allah be pleased with him) said: That was our judgement at that time, and this is our judgement today.
Ya'qub bin Sufyan said: This is an error; it is al-Hakam bin Mas'ud. Al-Bukhari said the same in meaning.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12469
Muhammad bin Amr bin Alqamah said that Mas'ud bin al-Hakam is from Banu Zurayq, and the one from whom Wahb bin Munabbih narrated is al-Hakam bin Mas'ud al-Thaqafi.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12470
Sa'id bin al-Musayyab (may Allah have mercy on him) said that Sayyiduna Umar (may Allah be pleased with him) made the full and maternal brothers share in the third.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12471
It is narrated from Abu Mijlaz that Sayyiduna Uthman (may Allah be pleased with him) made the maternal and full brothers share in the third, and that Sayyiduna Ali (may Allah be pleased with him) did not make them share.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12472
Sayyiduna Zayd bin Thabit (may Allah be pleased with him) said regarding the shared-inheritance case (al-mushtarakah): Suppose their father was a donkey; the father has only increased them in closeness. And he made them share in the third.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12473
It is narrated from Ibrahim (may Allah have mercy on him) that Sayyiduna Umar, Abdullah and Zayd (may Allah be pleased with them) said: For the husband is a half, and for the mother a sixth; and they made the full brothers and the maternal half-brothers share in the third, and they said: The father has only increased them in closeness.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12474
It is narrated from Imam al-Sha'bi (may Allah have mercy on him) that Sayyiduna Umar and Sayyiduna Abdullah (may Allah be pleased with them both) said, regarding a mother, a husband, maternal half-brothers and full brothers: For the husband is a half and for the mother a sixth; and they both made the maternal half-brothers and the full brothers share in the third, their males and females being equal in it. And they said: The father has only increased them in closeness.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12475
Huzayl bin Shurahbil (may Allah have mercy on him) said: We came to Sayyiduna Abdullah (may Allah be pleased with him) about (a case of) a husband, a mother, two maternal half-brothers and one full brother. Sayyiduna Abdullah (may Allah be pleased with him) said: The shares have been completed. And he did not give the full brother anything.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12477
Huzayl (may Allah have mercy on him) said that Abdullah (may Allah be pleased with him) said, regarding a woman who left behind her husband, her mother, her full brothers and her maternal half-brothers: For the husband is a half, for the mother a sixth, and for the maternal half-brothers a third, completing the shares. And he did not assign any share to her full brothers.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12478
Sayyiduna Abdullah (may Allah be pleased with him) said regarding those who share (al-mushtarakah): O son of my brother! The shares are complete without you.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12479
It is narrated from al-Sha'bi (may Allah have mercy on him) that Ali and Zayd (may Allah be pleased with them both) said: For the husband is a half, for the mother a sixth and for the maternal half-brothers a third. And they did not make the full brothers share with the maternal half-brothers, and they both said: They are 'asabah (residuary heirs); if anything remains it will be theirs, and if nothing remains they will get nothing.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12480
It is narrated from Imam al-Sha'bi (may Allah have mercy on him) that Sayyiduna Zayd (may Allah be pleased with him) did not make them share; he gave the third to the maternal half-brothers alone, to the exclusion of the full brothers. Hushaym said: I objected to him and said: Sayyiduna Zayd (may Allah be pleased with him) used to make them share. He said: But al-Sha'bi narrated it to us like this from Zayd, that he used to hold the same view as Ali (may Allah be pleased with him). I objected to him again, and he said: Ibn Abi Layla is (the judge) between me and you.
The authentic narration on this from Zayd bin Thabit is what has preceded; this narration is reported by Muhammad bin Salim alone, and he is not strong.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12481
Sayyiduna Ali (may Allah be pleased with him) assigned the third to the maternal half-brothers and did not make the full brothers share with them, and he said: They are 'asabah (residuary heirs), and nothing remained for them.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12482
Abdullah bin Salamah said that Sayyiduna Ali (may Allah be pleased with him) was asked about the maternal half-brothers, and he said: "What do you think, if they were a hundred, would you give them more than the third?" They said: "No." He said: "Then I will not reduce them from it."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الفرائض / 12483