It is reported from Sayyiduna Ibn Abbas (may Allah be pleased with them both) concerning the saying of Allah Almighty, "Allah instructs you concerning your children: for the male, the like of the share of two females" [Surah al-Nisa': 11], that inheritance used to be for the children, and the bequest was for the parents and the near relatives. Allah Almighty abrogated of that whatever He willed: He appointed for male offspring twice (the share of) the female, for the parents one sixth, for the husband one half or one quarter, and for the wife one quarter or one eighth.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الوصايا / 12533
It is narrated from Sayyiduna Ibn Abbas (may Allah be pleased with them both) that the Messenger of Allah (peace and blessings be upon him) said: "A bequest is not permissible for an heir, unless the heirs wish it."
This Ata is al-Khurasani; he did not meet Ibn Abbas and did not see him. Abu Dawud al-Sijistani and others said this.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الوصايا / 12534
It is narrated from Sayyiduna Ibn Abbas (may Allah be pleased with them both) that the Messenger of Allah (peace and blessings be upon him) said: "A bequest is not permissible for an heir, unless the heirs wish it."
Ata al-Khurasani is not strong.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الوصايا / 12535
It is narrated from Mujahid (may Allah have mercy on him) that the Messenger of Allah (peace and blessings be upon him) said: "A bequest is not permissible for an heir."
Al-Shafi'i said: Some of the people of Syria narrated a hadith that is not among what the people of hadith regard as established, because some of its narrators are unknown. So we have narrated it from the Prophet (peace and blessings be upon him) as munqati' (with a broken chain), and we have relied on the report of the people of the maghazi in general that the Prophet (peace and blessings be upon him) said in the year of the Conquest: "There is no bequest for an heir," together with the consensus of the generality (of scholars) on holding this view.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الوصايا / 12536
Sayyiduna Abu Umamah (may Allah be pleased with him) said: I heard the Messenger of Allah (peace and blessings be upon him) say: "Allah Almighty has given everyone who has a right his right. So a bequest is not permissible for an heir."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الوصايا / 12537
Ahmad bin Hanbal said: "What Isma'il bin Ayyash narrates from the people of Syria is sahih (authentic), and what he narrates from the people of the Hijaz is not sahih."
Al-Shaykh (al-Bayhaqi) said: Al-Bukhari and a group of the hadith masters said the same, and this hadith Isma'il narrated only from a Syrian; and Allah knows best. It has also been narrated through another route from the hadith of the people of Syria.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الوصايا / 12538
Amr bin Kharijah (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings be upon him) addressed us at Mina while he was on his mount. He (peace and blessings be upon him) said: "Allah Almighty has allotted to every person his share of the inheritance, so a bequest is not permissible for an heir."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الوصايا / 12539
It is narrated from Amr bin Kharijah (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: "A bequest is not valid for an heir, unless the heirs permit it."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الوصايا / 12540
Sayyiduna Anas bin Malik (may Allah be pleased with him) said: I was beneath the she-camel of the Messenger of Allah (peace and blessings be upon him), and its saliva was dripping on me. I heard him (peace and blessings be upon him) saying: "Allah Almighty has given everyone who has a right his right, and there is no bequest for an heir."
This hadith has been narrated through other routes, all of which are not strong. Reliance is on the first hadith, which is the narration of Ibn Abi Najih from Ata from Ibn Abbas, and on what al-Shafi'i mentioned from the report of the people of the maghazi, together with the consensus of the generality (of scholars) on holding this view; and Allah knows best.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الوصايا / 12541
It is narrated from Tawus (may Allah have mercy on him) that the bequest came before inheritance. When the rulings of inheritance were revealed, (the bequest for) whoever became an heir was abrogated, and the bequest remained for whoever was not an heir; it is established. Whoever makes a bequest to someone other than a relative, it is not valid.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الوصايا / 12542
Al-Hasan (may Allah have mercy on him) said concerning the verse of bequest: The bequest was for the parents and the relatives. It was abrogated for the parents, and their share was fixed for them in Surah al-Nisa'; and from the relatives every heir was abrogated, and the bequest was kept for those relatives who are not heirs.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الوصايا / 12543
Al-Hasan (may Allah have mercy on him) used to say: Whoever makes a bequest to someone other than his relatives, then those to whom he made the bequest get one third of the third, and his relatives get two thirds of the third.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الوصايا / 12544