This is part 2 of 7 of “The Book of Inheritance”, book 29 of Al-Kafi — Hadith 13,043–13,092. The book is long enough that it is split across 7 pages so each one stays quick to load; the parts run in order and are linked at the foot of the page.
3. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad from Ali ibn al-Hassan ibn Hammad from ibn Miskin from Mushma‘il ibn Sa‘d from abu Basir who has narrated the following: “About the case of a man who dies and leaves behind his parents, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is from three shares, one share for the mother and two for the father.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr and Muhammad ibn ‘Isa from Yunus all from ‘Umar ibn ’Udhaynah who has narrated the following: “I once said to Zurarah, "Certain people have narrated to me from him (abu ‘Abd Allah, ‘Alayhi al- Salam ) and from his father, ‘Alayhi al-Salam, about certain things regarding the ordained shares. I like to show them to you so you can tell me which is false and which is right and do not narrate this (what is false) and remain quiet.’ I said, "A man narrated from one of the two Imam, (abu Ja‘far or abu "Abd Allah), ‘Alayhim al-Salam, about both parents and brothers from the side of mother that they are barred and do not inherit.’ He said, "This by Allah is false. I will inform you, do not narrate as such. What I say by Allah is the truth. If a deceased leaves behind his parents, the share of the mother is one-third and the father receives two-thirds according to the book of Allah, most Majestic, most Glorious. If he leaves behind brothers, that is, the deceased has brothers from both parents or brothers from the father’s side, the share of his mother is one-sixth and the share of the father is five-sixths. It is made available to the father because of his dependents. Brothers from the side of the mother, who are not from the father, do not bar the mother from her one-third and they do not inherit. If a man dies and leaves behind his mother and brothers and sisters from both parents and brothers and sisters from the mother’s side and the father is not alive, they do not inherit and do not bar her because Kalalah does not inherit.’”
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Sa‘d ibn abu Khalaf from abu al-‘Abbas who has narrated the following: “Abu "Abd Allah, ‘Alayhi al-Salam, has said, "If a deceased leaves behind two brothers, they are considered more than two brothers of the deceased and they bar the mother from one-third. If there is one brother he does not bar the mother.’ He (the Imam) said, "If there are four sisters they bar the mother from one-third because they are like two brothers but if there are three sisters they do not bar the mother’s share.’”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhassin ibn Ahmad from Aban ibn ‘Uthman from Fadl abu al-‘Abbas al-Baqbaq who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of both parents and two sisters from both parents; if they bar the mother from one-third of the legacy. He (the Imam) said, ‘No, they do not do so.’ I then asked, ‘What happens if they are three?’ He (the Imam) said, ‘No, they do not do so.’ I then asked, ‘What happens if they are four?’ He (the Imam) said, ‘Yes, they bar her from one-third.’”
4. Abu Ali al-Ash ‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from abu Ayyub al-Khazzaz from Muhammad ibn Muslim who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘A mother is not barred from receiving one-third if there is no son except because of two brothers or four sisters.’”
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from ‘Abd Allah ibn Bukayr from Fadl abu al-‘Abbas al-Baqbaq who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘A mother is not barred from receiving one-third except because of two brothers or four sisters from both parents.”’
6. Through the same chain of narrators as that of the previous Hadith the following is narrated from ibn Faddal from ibn Bukayr from ‘Ubayd ibn Zurarah who has narrated the following: “I once heard abu ‘ Abd Allah, ‘Alayhi al-Salam, saying, ’Brothers from the mothers’ side do not bar the mother from one-third of the legacy.’”
7. A number of our people have narrated from Ahmad ibn Muhammad ibn ‘Isa from al-Husayn ibn SaTd from ‘Abd Allah ibn Bahr from Hariz from Zurarah who has narrated the following: “Abu ’Abd Allah, ‘Alayhi al-Salam, once said to me, ’O Zurarah, what do you say about the case of a man who leaves behind his both parents and brothers from his mother’s side?’ He (the narrator) has said that he said, ‘One-sixth is for the mother and the rest is for the father.’ He (the Imam) asked, ’On what basis do you say so?’ I replied, ‘I have heard Allah, most Majestic, most Glorious, saying in His book, ’. . . if there are brothers then one-sixth is for his mother.’ (4:11) He (the Imam) said, ’Fie on you O Zurarah, they are brothers from the father’s side. If brothers are from the mother’s side, they do not bar the mother from receiving the one-third.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr and Muhammad ibn ‘Isa ibn ‘Ubayd from Yunus ibn ‘Abd al- Rahman all from Safwan or he said from ‘Umar ibn ’Udhaynah from Muhammad ibn Muslim who has narrated the following: “Once abu Ja‘far, ‘Alayhi al-Salam, made me read the page of the book of ordained shares. It was according to the dictation of the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and with the handwriting of Ali, ‘Alayhi al-Salam. I found in it this, ’If a deceased leaves behind his daughter and mother, the share of the daughter is one- half or three shares and for the mother one-sixth. The legacy is made in four parts, of which three are for the daughter and one is for the mother/” “He (the narrator) has said, I read in it that, “If a deceased leaves behind his daughter and his father, the share of the daughter is one-half: three shares and the share of the father is one-sixth share. The legacy is made in four parts of which three are for the daughter and one is for the father.’” “Muhammad has said, T found in it that if a deceased leaves behind both parents and his daughter; the share of the daughter is one-half, three shares and the shares of parents are one-sixth for each. Such legacy can be made of five portions of which three are for the daughter and two for the parents.’”
2. A number of our people have narrated from Sahl ibn Ziyad from al-Hassan ibn Mahbub from Ali ibn Ri’ab from Zurarah who has narrated the following: “I found in the book of ordained shares that if a deceased leaves behind his daughter and both parents, the share of the daughter are three shares and the parents each receives one share. The legacy is made in five parts of which three are for the daughter and two for the parents, one share each.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr and Muhammad ibn ‘Isa ibn ‘Ubayd from Yunus all from ‘Umar ibn ’Udhaynah from Zurarah who has narrated the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the grandfather. He (the Imam) said, ‘I do not find anyone who has spoken about it but that they have spoken out of their opinion except ’ Amir al- Mu’minin, ‘Alayhi al-Salam. I then asked, T pray to Allah to keep you well, what has ’ Amir al- Mu’minin said about it?’ He (the Imam) said, ‘Tomorrow meet me so I can make you read it in a book.’ I then said, ‘I pray to Allah to keep you well, speak to me about it; I like your speaking more than making me read in a book.’ He (the Imam) said again, ‘Listen to what I say. Tomorrow meet me, so I will make you read in a book.’ The next day I went to see him (the Imam) after al-Zuhr (noontime) and it was the hour that I would meet him between al-Zuhr and al-‘Asr (afternoon time) and I did not like to ask him in the presence of people for fear of his answering in taqiyah (caution because of fear). When I met him (the Imam) his son Ja‘far, ‘Alayhi al-Salam, came to me and he (the Imam) said to him, ‘Make Zurarah to read the book of ordained shares.’ He (the Imam) left for his siesta. Ja‘far, ‘Alayhi al-Salam, and I were left in the house. He stood up and brought for me a book (which looked) like the thigh of a camel. He (Ja‘far, ‘Alayhi al-Salam ) said, ‘I will not allow you to read it until you promise before Allah that you will never tell anyone about what you will read in it until I will give permission’, and he did not say, ‘until my father gives you permission.’ I then said, ‘I pray to Allah to keep you well, why do you restrict me when your father has not commanded you to do so?’ He said, ‘You must not look in it on what is other than what I will tell you to read.’ I said, ‘That is up to you.’ I was a knowledgeable man in ordained shares of inheritance and wills and well aware of them and in calculating them. I waited for quite a long time to find something about ordained shares and wills that I did not know and can deal with. When he placed a side of the book before me, it was a thick book and one can notice that it was of the books of earlier generations. I looked in it and I found it to be different from what is commonly accepted among people, such as matters of compensation and urging others to do good things, in which there is not any difference. I found the majority of it like that until the end of it, with a filthy soul, very little memorization and defective opinion; and I said, ‘Do I (need) to read this?’ It is false. I reached its end. I closed it and returned it to him (Ja‘far, ‘Alayhi al-Salam ). The next day I met abu Ja‘far, ‘Alayhi al-Salam, and he asked me, ‘Did you read the book of ordained shares?’ I replied, ‘Yes, I read it.’ He (the Imam) then asked, ‘How did you find what you read?’ He (the narrator) has said that he said, ‘It is false and it does not have any valid effect. It is against what people say and do.’ He (the Imam) said, ‘What you saw O Zurarah, by Allah, is the truth. What you saw is the dictation of the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, in the handwriting of Ali, ‘Alayhi al-Salam.’ Satan came to me with temptation in my chest and said, ‘He does not know if it is the dictation of the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and the handwriting of Ali, ‘Alayhi al-Salam. He (the Imam) said to me before I spoke, ‘O Zurarah, do not doubt. Satan loved to make you doubt. How it is possible that I remain ignorant of its not being the dictation of the Messenger of Allah and the handwriting of Ali, ‘Alayhi al-Salam, when my father narrated to me from my grandfather ’ Amir al-Mu’minin, ‘Alayhi al- Salam, who narrated to him about it.’ He (the narrator) has said that I said, ‘No, I pray to Allah to keep my soul in service for your cause. I regretted for not reading what I did not read of the book. Had I read it and I had known it I would hope not to miss anything thereof; not even a single letter.’ “‘Umar ibn ’Udhaynah has said, ‘I said to Zurarah that people have spoken to me from him (the Imam) and from his father, ‘Alayhim al-Salam, about certain things on ordained shares. Can I present them before you so you can tell me what is false and what is true and do not narrate so I remain quiet? I narrated to him what Muhammad ibn Muslim had narrated from abu Ja‘far, ‘Alayhi al-Salam, about the daughter and father and about a daughter and both parents. He said that it is true. “Al-Fadl ibn Shadhan about a daughter and father has said, that the daughter receives one-half and the father receives one-sixth and the remaining is returned to them proportionate to their shares. “So also is the case if a deceased leaves behind a daughter and mother. One-half belongs to the daughter, the mother receives one-sixth, and the remaining is returned to them proportionate to their shares. Certain people have said that the remaining belongs to the daughter because she is closer than both parents are. It is a mistake totally; the parents are close by themselves as the children are, but children are not closer than parents are. The correct thing is to return the remaining to all of them proportionate to their shares. They have received their shares and as nearest relatives the remaining asset belongs to them as relatives, thus it is divided among them according to the distribution of Allah, most Majestic, most Glorious, among them. Allah does not cause difference in His rule and His division does not change.’ “If a deceased leaves behind one daughter and both parents then one-half belongs to the daughter and the parents receive one-sixth. The remaining is returned to them proportionate to their shares because Allah, most Majestic, most Glorious, has not returned to one and not to the other one. He has made a share for women just as He has made a share for men. It is equal in this obligation between mother and father. If a deceased leaves behind two daughters and both parents, the share of daughters is two- thirds and parents receive two-sixths. If a deceased leaves behind three daughters or more then the share of parents is two-sixths and the daughters receive two-thirds. If a deceased leaves behind parents and one son and one daughter, the parents receive two-sixths and the remaining is distributed among the son and daughter where the son receives twice as much as the share of the daughter.”’
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from and Muhammad ibn ‘Isa from Yunus ibn ‘Abd al-Rahman all from ‘Umar ibn ’Udhaynah who has narrated the following: “I once said to Zurarah that I have heard Muhammad ibn Muslim and Bukayr narrating from abu Ja‘far, ‘Alayhi al-Salam, about the husband, both parents and a daughter. The share of the husband is one-fourth, three shares out of twelve shares, the parents receive two-sixth, four shares out of twelve shares and the remaining five shares belong to the daughter because if she were a male she would not have more than five out of twelve shares. If they were two daughters, they would have five out of twelve shares because if they were two males they would not have anything other than the five remaining from twelve shares. Zurarah then said, ‘This is right. If you face deficiency, you must not place deficiency on ordained shares. Deficiency is placed on those who have extra, like children and sisters from the side of the father and mother. Husband and brothers from the side of mother do not pay the deficiency from the ordained shares that Allah has made for them.”’
2. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from ibn Mahbub from Ali ibn Ri’ab al-‘Ala’ ibn Razin from Muhammad ibn Muslim who has narrated the following: “This is about the case of a woman who leaves behind her husband, both parents and a daughter. Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘The husband receives one-fourth. It is three shares out of twelve. The parents each receives one-sixth, two shares out of twelve. The remaining five shares belong to the daughter because if she was a male she would not receive more than five shares out of twelve shares: the parents do not face deficiency. They each receive one-sixth and the husband does not face deficiency with his one-fourth share.
3. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad from Sama‘ah who has said that Safwan gave to him the book of Musa ibn Bakr which he read it before him and found Musa ibn Bakr narrating it from Sa’id from Zurarah who has said that: there are no differences among our people about the following case. Abu ‘Abd Allah, and abu Ja’far, ‘Alayhim al-Salam, were asked about a case in which a deceased woman left behind her husband, her mother and two daughters. He (the Imam) said, ‘The husband receives one-fourth of the legacy, the mother receives one-sixth and the rest belongs to the two daughters. It is because if they were two men, they would not receive more than what remained after deducting the shares of the mother and husband, and the share of female is never more than the share of males. If a deceased leaves behind the mother, father and a daughter, the distribution is possible from twenty- four shares of which the shares of the woman is one-eighth, three out of twenty-four, each parent receives one-sixth, four shares out of twenty-four shares and the daughter receives one-half, twelve shares. The remaining are five shares which are returned to the daughter and one of the parents, proportionate to their shares and nothing is returned to the woman. If a deceased leaves behind both parents, a woman and daughter, this also can be distribution from twenty-four shares of which two- sixth, eight shares, is for the parents four for each, the woman receives one-eighth, three shares out of twenty-four and the daughter receives one-half, twelve shares. The remaining one share is returned to the daughter and both parents, proportionate to the ratio of their shares and nothing is returned to the woman. If a deceased leaves behind the father, husband and a daughter, the father receives two shares out of twelve, which is one-sixth. The husband receives one-fourth, three shares out of twelve and the daughter receives one-half which are six shares out of twelve and one remaining share is returned to the daughter and father, proportionate to the ratio of their shares and nothing is returned to the husband. No one of the creatures of Allah inherits with a child except parents, husband and wife. If there are no children but the children of children, male or female, they keep the place of their parents. Children of sons are like the sons and inherit like sons and children of daughters keep the place of daughter, they inherit like daughter and bar parents, husband and wife from their shares of a larger amount, even if they are lower generations like one, two, three or more generations. They inherit what children from one’s seed inherit and bar what the children from one’s seed bar.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhassin ibn Ahmad from Aban ibn ‘Uthman from ’Isma‘il al-Ju‘fiy who has narrated the following: “About the case of a woman who leaves behind her husband and parents, abu Ja‘far, ‘Alayhi al-Salam, has said, ‘The share of the husband is one-half, the share of mother is one-third and the remaining belongs to the father.’ About the case of a man who leaves behind a wife and both parents, he (the Imam) said, ‘The share of the wife is one-fourth, the share of the mother is one-third and the remaining belongs to the father.’”
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj from ’Isma‘il ibn ‘Abd al-Rahman al-Ju‘fiy who has narrated the following: “About the case of a woman who leaves behind her husband and both parents, abu Ja‘far, ‘Alayhi al- Salam, has said, ‘The share of the husband is one-half, the share of mother is one-third and the remaining belongs to the father.’”
3. It is narrated from the narrator of the previous Hadith from his father from ibn abu ‘Umayr and Muhammad ibn ‘Isa from Yunus all from ‘Umar ibn ’Udhaynah from Muhammad ibn Muslim who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, once made me (Muhammad ibn Muslim) to read the book of ordained shares which was dictated by the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, to Ali, ‘Alayhi al-Salam, who wrote it with his own hand. I read in it about the case of a woman who leaves behind her husband and her both parents. In such case for the husband is one-half; three shares, for the mother is two shares, one complete third and one-sixth belongs to the father.’”
4. It is narrated from the narrator of the previous Hadith from his father from ibn abu ‘Umayr from ‘Umar ibn ’Udhaynah who has narrated the following: “I once said to Zurarah that certain people narrated to me from abu Ja‘far and abu ‘Abd Allah, ‘Alayhim al-Salam, about certain things of ordained shares. I like to show them to you so you can tell me what is right and what is false; and about what is right, say that it is right but do not narrate and remain quiet, and I narrated to him what Muhammad ibn Muslim had narrated to me about husband and both parents. He said, ‘By Allah it is the truth.’”
5. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from Ali ibn al-Hassan ibn Ribat from ‘Abd Allah ibn Waddah from abu Basir who has narrated the following: “About the case of a woman who leaves behind her husband, her mother and father, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is distributed from six shares, one-half, three shares for the husband, one-third, two shares for the mother and one-sixth is for the father.’ “Al-Fadl ibn Shadhan in this issue has said, ‘Of the proof that one-third of the legacy is for the mother is that all who oppose us have not said in this case that the mother receives one-sixth. They have said that mother receives one-third of what remains of the legacy. The remaining of the legacy is one-sixth but they do not allow opposing the words of the book, so they have kept the meaning of the words of the book, but they have opposed its law and it is against Allah and His book. The same is the case with the inheritance of a woman with parents. In this case, the share of the woman is one-fourth, the share of mother is one-third complete and the remaining is for the father. Allah, glorious is whose remembrance, has mentioned this ordained share and in the case before it the share of the woman is one-fourth, the share of husband is one-half, the share of mother is one-third and nothing is mentioned for the father. He has only said, ’His parents inherit him and for the mother is one-third.’ (4:11) The remaining belongs to the father, that is, the remaining of the legacy.’”
1. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father all from ibn Mahbub from abu Ayyub and ‘Abd Allah ibn Bukayr from Muhammad ibn Muslim who has narrated the following: “Abu Ja’far, ‘Alayhi al-Salam, has said, ’If a deceased leaves behind his father and mother or his son or his daughter, if one of these four people is left behind, they are not of those about whom Allah, most Majestic, most Glorious, has said, “Say, Allah gives you a fatwa about Kalalah (burdensome people).’””
2. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah, from Ali ibn Ribat from Hamzah ibn Humran who has narrated the following: “I once asked abu ’Abd Allah, ‘Alayhi al-Salam, about Kalalah. He (the Imam) said, ‘One who is not a son or a father.’”
3. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan all from ibn abu ‘Umayr from ‘Abd al-Rahman ibn al-Hajjaj who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Kalalah (burdensome people) is one who is not a son or a father.’”
1. A number of our people have narrated from Ahmad ibn Muhammad ibn ‘Isa from Muhammad ibn al-Hassan al-Ash‘ariy who has narrated the following: “A dispute took place between two men of the sons of my uncle on a legacy. I pointed out for them to write to him (the Imam), ‘Alayhi al-Salam, about it to find out his opinion in the matter. They wrote, ‘We pray to Allah to keep our souls in service for your cause, what do you say about the case of a woman who leaves behind her husband and her daughter from her father and mother?’ I said, ‘I pray to Allah to keep my soul in service for your cause, if you consider it proper answer us with the bitter truth.’ A letter came to them that said, “In the name of Allah, the Beneficent, the Merciful. May Allah grant you and us good health and the best form. I understood your letter in which you have mentioned that a woman has left behind her husband, her daughter and a sister from her both parents. The ordained share of the husband is one-fourth and the rest belongs to the daughter.’”
علي بن إبراهيم، عن أبيه، عن ابن أبي عمير، عن عمر بن أذينة، عن عبد الله ابن محرز قال: قلت لأبي عبد الله عليه السلام: رجل ترك ابنته وأخته لأبيه وأمه فقال: المال كله للابنة وليس للأخت من الأب والام شئ فقلت: فإنا قد احتجنا إلى هذا والميت رجل من هؤلاء الناس وأخته مؤمنة عارفة قال: فخذ النصف لها خذوا منهم كما يأخذون منكم (2) في سنتهم وقضاياهم قال ابن أذينة: فذكرت ذلك لزرارة فقال: إن على ما جاء به ابن محرز لنورا.
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ‘Umar ibn ’Udhaynah from ‘Abd Allah ibn Muhriz who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who dies and leaves behind his daughter and his sister from his father and mother. He (the Imam) said, ‘The entire legacy belongs to the daughter and there is nothing for the sister from his father and mother.’ I then said, ‘We need it. The deceased is from those people and his sister is a believing person, well-aware.’ He (the Imam) said, ‘Take one-half from them as they take from you according to their Sunnah and judgments.’ Ibn ’Udhaynah has said, ‘I mentioned it to Zurarah and he said, “What ibn Muhriz has brought is certainly light.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ‘Umar ibn ’Udhaynah from Zurarah who has narrated the following: “Zurarah has said that al-‘Ammah (non-Shi‘ah) in their rules, decisions and ordained shares say something on consensus which is authoritative and binding upon them. In the case of a deceased who leaves behind his daughter or two daughters and his brother from his father and mother or his sister from his father and mother or his sister from father or his brother from his father, they give one-half to the daughter, two-thirds to the two daughters and the rest of legacy to his brother from his father and mother or his sister from his father or his sister from his father and mother, and not to the relatives from sons of his uncle or children of his brother. They do not give anything to the brothers from the mother. He (the narrator) has said that I said to them this is binding upon you. Allah has mentioned for brothers from the mother that Kalalah (burdensome people) inherit. Why do you not give them with a daughter anything when you give the sister from father, mother, and sister from father the rest of legacy instead of uncle and relatives? Allah, most Majestic, most Glorious, has mentioned them as Kalalah just as He has called brothers from mother as Kalalah. Allah, most Majestic, most Glorious, has said, ‘They ask your fatwa. Say Allah gives you a fatwa about Kalalah.’ Why you have separated them from each other? They say that it is because of Sunnah and consensus of the group. We ask, ‘Is it the Sunnah of Allah and the Sunnah of His messenger or the Sunnah of Satan and his friends?’ They say, ‘It is the Sunnah of so and so.’ We say, ‘You have followed us in two issues and opposed us in two issues. We say, ‘If a deceased leaves behind one of the four then Kalalah of the deceased does not inherit. If he leaves a father or a son, you say, ‘You are right.’ We say, ‘If he leaves behind mother or a daughter.’ You deny it. You have followed us about the daughter. You do not give to brothers from mother anything and you have opposed us about mother. Why do you give one-third to brothers from the mother with the mother when she is living and they inherit because of her right and relation? Brothers and sisters from the father and mother and brothers and sisters from the mother do not inherit with the father (existing); they inherit because of the father, so also brothers and sisters from the mother do not inherit with the mother (esisting). More strange is that you say, ‘Brothers from the mother do not inherit one-third, they bar the mother from one-third and she only receives one-sixth.’ It is due to ignorance and it is untrue. Consensus is falsely made about it. I then said to Zurarah, ‘Do you say it from your own opinion?’ He said, ‘If I say this from my opinion I will be a sinful person. I testify that it is the truth from Allah and the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to your cause.’”
4. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr and Muhammad ibn ‘Isa from Yunus all from ‘Umar ibn ’Udhaynah from Bukayr ibn ‘A’yan who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a woman who has left behind her husband, brothers from her mother and brothers and sisters from her father. He (the Imam) said, ‘The share of husband is one-half, three shares, the share of brothers from her mother is one-third, male and female receive equal shares. The one remaining share belongs to brothers and sisters from the father. Each male receives twice as much as a female; ordained shares do not face deficiency. The share of husband does not reduce from one-half and the share of brothers from her mother, which is one-third, does not reduce. Allah, most Majestic, most Glorious, has said, ‘. . . if they are more than this they share the one-third, if there is one he receives one-sixth.’ (4:12) What Allah, most Blessed, most High, has meant by His words, ‘. . . if it is a man inherited by Kalalah (burdensome people) or a woman and has a brother or sister then everyone gets one-sixth and if they are more than this they share the one- third.’ By this Allah has meant brothers and sisters from mother only. Allah in the end of chapter four has said, ‘. . . they ask for a fatwa from you about Kalalah. If a man dies and has no children but has a sister [meaning sister from both parents and sister from the father] she receives one-half of the legacy and he inherits her, if she does not leave children. If they are brothers and sisters, the share of the male is twice as much as the share of female.’ They are the ones whose shares increase and decrease. So also are their children whose shares increase and decrease. If a woman dies and leaves behind her husband and brothers from her mother and two sisters from her father, the share of husband is one- half, three shares, brothers from the mother receive two shares and one remaining share is for the two sisters from her father. If she is one, it is for her like two sisters from her father; if they were brothers from the father, no increase would take place in the remaining. If she was one or in the place of one female, there was a brother no increase would take place in the remaining. There is no increase for sisters or for a child if he was a male.’”
5. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr and Muhammad ibn ‘Isa from Yunus from ‘Umar ibn ’Udhaynah from Bukayr who has narrated the following: “Once a man came to abu Ja‘far, Alayhi al-Salam, and asked about a woman who has died and left behind her husband, brothers from her mother and her sister from her father. He (the Imam) said, ‘The share of the husband is one-half, three shares, brothers from her mother receive one-third, two shares and the sister from her father receives one-sixth which is one share.’ The man said to him (the Imam), ‘The laws of ordained shares of Zayd, the laws of ordained shares of ‘Ammah and judges are different, O abu Ja‘far. They say that the share of the sister from the father is three shares that are reduced from six to eight.’ Abu Ja’far, ‘Alayhi al-Salam, asked, ‘Why do they say so?’ He replied, ‘It is because of the words of Allah, most Majestic, most Glorious, ‘. . . and for him is a sister then her share is one- half of the legacy.’ Abu Ja‘far, then asked, ‘What is the rule if he was one brother instead of one sister?’ He replied, ‘He would have only one-sixth.’ Abu Ja‘far, ‘Alayhi al-Salam, said to him, ‘Why do you reduce the share of the brother if you argue to provide one-half for the sister, because Allah has mentioned one-half for her you must also take notice that Allah has mentioned Kalalah (burdensome people) of brothers more than one-half. Allah has said, ‘. . . her share is one-half.’ He has also said for the brother who inherits her, that is, all of her legacy if she does not have any children. So you do not give anything to the one for whom Allah has given all the legacy in certain laws of your ordained shares but you give complete to one whom Allah has given one-half.’ The man said, ‘I pray to Allah to keep you well, how do we give one-half to the sister and we do not give the male heir if she was a male?’ He (the Imam) said, ‘About a mother, husband, a brother from the mother and a sister from her father they give one-half to the husband. They give one-sixth to the mother, to the brothers from her mother one-third and to the sister from her father One-half of three. You can make nine and it is from six but is raised to nine. He (the Imam) said this is how you say it.’ He (man) said, ‘If she was a male and a brother from her father.’ He (the Imam) said, ‘There is nothing for him.’ The man then asked abu Ja‘far, ‘Alayhi al-Salam, saying ‘I pray to Allah to keep my soul in service for your cause, what do you say?’ He (the Imam) said, ‘There is nothing for brothers from her father and mother, brothers from her mother or brothers from her father with the existence of the mother.’ ‘Umar ibn ’Udhaynah has said, ‘I heard Muhammad ibn Muslim narrate a similar Hadith like that of Bukayr with the same meaning, but I did not memorize its wordings in details, but I memorized its meaning. He has said, ‘I mentioned it to Zurarah who said, “It is true by Allah. They both have spoken the truth.’””
6. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from ibn Mahbub from al-‘Ala’ ibn Razin and abu Ayyub and ‘Abd Allah ibn Bukayr from Muhammad ibn Muslim who has narrated the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the case of a woman who has left behind her husband, brothers from her mother and brothers and sisters from her father. He (the Imam) said, ‘The share of the husband is one-half, three shares, the share of brothers from her mother is one-third which is two shares; male and female receive equal shares. The one remaining share belongs to brothers and sisters from the father. Each male receives twice as much as a female; ordained shares do not face deficiency. The share of the husband does not reduce from one-half and the share of brothers from her mother, which is one-third, does not reduce. Allah, most Majestic, most Glorious, has said, ‘. . . if they are more than this they share the one-third, if there is one he receives one-sixth.’ (4:12) What Allah, most Blessed, most High, has meant by His words, ‘. . . if it is a man inherited by Kalalah or a woman, and has a brother or sister then for everyone is one-sixth.’ By this Allah has meant brothers and sisters from the mother only. Allah in the end of chapter four has said, ‘. . . they ask for a fatwa from you about Kalalah. If a man dies and has no children but has a sister [meaning sister from mother and father] she receives one-half of the legacy and he inherits her if she does not leave children. If they are brothers, male and female the share of the male is twice as much as the share of the female.’ They are the ones whose shares increase and decrease. So also are their children whose shares increase and decrease. If a woman dies and leaves behind her husband and two sisters from her and two sisters from her father, the share of the husband is one-half, which is three shares, sisters from her mother one- third or two shares and for the sisters from her father one-sixth, one share. If she is one it is for her; two sisters from her father do not receive any increase from the remaining and if he was a brother from father he would not receive any increase from the remaining.”’
7. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from ibn abu ‘Umayr from Jamil ibn Darraj from Bukayr who has narrated the following: “A man once asked abu Ja‘far, ‘Alayhi al-Salam, about two sisters and a husband. He (the Imam) said, ‘It is half and half.’ The man then said, ‘I pray to Allah to keep you well, Allah has mentioned their share to be more than that. Their share is two-thirds.’ He then asked, ‘What do you say about a brother and husband?’ He (the Imam) said, ‘It is half and half.’ He asked, ‘Has Allah not given the entire legacy, saying, “. . . and he inherits her if she has no children.”?”’
8. A number of our people have narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from Fadalah ibn Ayyub from Musa ibn Bakr from Ali ibn Sa‘id who has narrated the following: “Zurarah once asked me, ‘What do you say about a man who leaves behind his parents and brothers from his mother?’ I replied, ‘The share of mother is one-sixth and the rest belongs to the father. ‘If there are brothers the share of the mother is one-sixth.’ He said, ‘These brothers are from the father. Brothers from father and mother receive the largest amount. Brothers from mother receive one-third and she receives one-sixth. It is one-sixth because brothers from father and brothers from father and mother bar her. The father spends on them so his share is expanded and the share of the mother is reduced for that reason. Brothers from the mother are not in it. They do not bar their mother from receiving one-third.’ I then asked, ‘Do brothers inherit from the mother anything?’ He said, ‘There is no doubt in it, it is just as I say to you.’”
9. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Flassan ibn Ali from ‘Abd Allah ibn al-Mughirah from Musa ibn Bakr who has narrated the following: “I once said to Zurarah that ibn Bukayr has narrated to me from abu Ja‘far, ‘Alayhi al-Salam, that the shares of brothers from the father and sisters from father and mother increase and decrease. It is because their shares are not greater than the share of brothers and sisters from father and mother if they were in their place. Allah, most Majestic, most Glorious, says, ‘. . . if a man dies who does not leave behind a child and he has a sister, she receives one-half of the legacy and he receives the entire legacy if she does not leave behind any children.’ He says that he receives the entire legacy, which she leaves behind if she does not leave behind a child. Despite this, they give complete to one whose share Allah has mentioned as One-half and they give less than One-half to one whom Allah has given the entire legacy. The share of woman is never more than the share of man if he was in her place. He (the narrator) has said that Zurarah then said, ‘This is applied by our people without any difference.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr and Muhammad ibn ‘Isa from Yunus all from ‘Umar ibn ’Udhaynah from Zurarah who has narrated the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the ordained share of grandfather. He (the Imam) said, ’I do not know anyone who has spoken about it but that it is his own opinion except Ali, ‘Alayhi al-Salam, who has spoken about it with the words of the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause.’” Al-Husayn ibn Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali al- Washsha’ from Aban ibn ‘Uthman from Zurarah from abu Ja‘far, ‘Alayhi al-Salam, a similar Hadith.
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ‘Umar ibn ’Udhaynah from Zurarah and Bukayr and al- Fudayl and Muhammad and Burayd who has narrated the following: “One of the two Imam, (abu Ja‘far or abu ‘ Abd Allah), ‘Alayhim al-Salam, has said, ‘The grandfather with brothers from the father’s side become like one of the brothers regardless of how many they are.’ He (the narrator) has said that I asked, ‘A man has left his brother from his mother and father and his grandfather’, or I asked, ‘He has left his grandfather, his brother from his father and mother.’ He (the Imam) said, ‘The legacy is given to them, regardless, one or one hundred thousand he (grandfather) receives the share of one brother.’ I then asked, ‘A man has left behind his grandfather and his sister.’ He (the Imam) said, ‘The male receives like the share of two females. If they are two sisters then one- half is for grandfather and the other one-half for the two sisters. However, if they are more, it then is like the above calculation, if he leaves brothers and sisters from father and mother and grandfather then the grandfather is like one of the brothers and the legacy among them is distributed, each male receiving twice the share of a female.’” Zurarah has said, ‘This is what I cannot be questioned for because I heard it from his father and from him (the Imam) before and we have no doubt about it or differences.’”
3. Al-Husayn from Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali from Hammad ibn ‘Uthman from ’Isma‘il al-Ju‘fiy who has narrated the following: “I once heard abu Ja‘far, ‘Alayhi al-Salam, saying, ‘The grandfather distributes the legacy with brothers, regardless of how many they are; even if they are one hundred thousand.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from ibn Ri’ab from abu ‘Ubaydah who has narrated the following: “About the case of a man who dies and leaves behind his wife, sister and grandfather, abu Ja‘far, ‘Alayhi al-Salam, has said, ‘This is distributed from four parts, one-fourth for the woman, one share for the sister and two shares for the grandfather.’”
5. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah, from ‘Abd Allah ibn Jabalah from Ishaq ibn ‘Ammar from abu Basir who has narrated the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying about six brothers and a grandfather, ‘The grandfather is the seventh.’”
6. It is narrated from the narrator of the previous Hadith from ‘Ubays ibn Hisham from Mushma‘il ibn Sa‘d from abu Basir who has narrated the following: “About the case of a man who leaves behind five brothers and a grandfather, abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘It is distributed from six; one part for each’”
7. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from al-‘Ala’ ibn Razin from ‘Abd Allah ibn Bukayr from Muhammad ibn Muslim who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘The grandfather, that is, the father of the father distributes the legacy with brothers from both parents and brothers from the father. The grandfather is like one of them, of the male ones.’”
8. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya from Ahmad ibn Muhammad all from ibn Mahbub from Ali ibn Ri’ab from Zurarah who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who leaves behind his brother from his father and mother and his grandfather. He (the Imam) said, ‘The legacy between them is half and half. If they are two brothers or a hundred, the grandfather is with them like one of them. The grandfather with them receives a share like the share of one of the brothers.’ He (the Imam) said, ‘If he leaves behind a sister, then the shares of the grandfather are two shares and the sister receives one share, if the sisters were two, then one-half is for grandfather and one-half for the sisters.’ He (the Imam) said, ‘If he leaves behind brothers and sisters from his mother and father, the grandfather is like one of the brothers and each male receives twice as much as the share of a female.’”
9. Ibn Mahbub has narrated from ibn Ri’ab from abu ‘Ubaydah who has narrated the following: “About the case of a man who dies and leaves behind his wife, sister and his grandfather, abu Ja‘far, ‘Alayhi al-Salam, has said, ‘It is distributed from four parts. The woman receives one-fourth, the sister receives one share and the grandfather receives two shares.’”
10. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad ibn ‘Uthman and Jamil ibn Darraj from ’Isma‘il ibn ‘Abd al-Rahman al-Ju‘fiy who has narrated the following: “I once heard abu Ja‘far, ‘Alayhi al-Salam, saying, ‘The grandfather distributes the legacy with brothers in equal shares, no matter whatever the number of brothers is.’”
11. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from ‘Abd Allah ibn Sinan who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about a brother from a father and grandfather. He (the Imam) said, ‘The legacy between them is distributed in equal shares.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from ibn Sinan who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who leaves behind his brother from his mother. He (the Imam) said, ‘If he has not left other heirs besides him the legacy belongs to him.’ I then asked about a brother from a mother with a grandfather. He (the Imam) said, ‘One-sixth must be given to the brother from his mother and the rest is given to the grandfather.’ I then asked about a brother from the father and a grandfather. He (the Imam) said, ‘The legacy between them is in equal shares.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ’Isma‘il and Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus all from Muhammad ibn al-Fudayl from abu al-Sabbah al-Kinaniy who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of brothers from one’s mother, with a grandfather. He (the Imam) said, ‘The share of brothers from one’s mother with a grandfather is one- third.’”
3. It is narrated from the narrator of the previous Hadith from Ahmad ibn Muhammad from and Ali ibn Ibrahim has narrated from his father from ibn Mahbub from Husayn ibn ‘Umarah from Misma‘ abu Sayyar who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who dies and leaves behind brothers and sisters from his mother and a grandfather. He (the Imam) said, ‘The grandfather is like a brother from the father. He receives two-thirds and brothers and sisters from one’s mother receive one-third who distribute it among themselves in equal shares.’”
4. Al-Husayn ibn Muhammad al-Ash‘ariy has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali al-Washsha’ from Aban ibn ‘Uthman from abu Basir who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘Two shares belong to the sisters from one’s mother if a grandfather is with them.’”
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from Ali ibn Ri’ab from ibn Muskan from al- Halabiy who has narrated the following: “About the case of brothers from one’s mother with a grandfather, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The share of brothers from one’s mother is one-third if a grandfather is with them.’”
6. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from Ja‘far ibn Sama‘ah and Salih ibn Khalid from abu Jamilah from Zayd who has narrated the following: “About the case of a man who leaves behind brothers from his mother with a grandfather, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The ordained shares of brothers from one’s mother is one-third if a grandfather is with them.’”
7. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from Safwan from ibn Muskan from al-Halabiy who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of brothers from one’s mother with a grandfather. He (the Imam) said, ‘The ordained share of brothers from one’s mother is one-third if a grandfather is with them.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from abu Ayyub from Muhammad ibn Muslim who has narrated the following: “Once, abu ‘ Abd Allah, ‘Alayhi al-Salam, made a book available to the public. I found in it that the son of a brother and a grandfather share a legacy in equal shares. I said, ‘I pray to Allah to keep my soul in service for your cause, the judges do not judge for the son of brothers with a grandfather anything.’ He (the Imam) said, ‘This book is in handwriting of Ali, ‘Alayhi al-Salam, as dictated to him by the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause.”’
Hasan· al-Majlisi
Sunni collections: text from the open hadith-api dataset. Al-Kafi: Arabic text, Muhammad Sarwar's translation and gradings from Thaqalayn.net via the Thaqalayn API. Hadith numbering follows those editions and can differ from a printed copy — check the Arabic against a trusted edition before relying on a reference.
