إبراهيم بن سعد بن إبراهيم

“I sat with Ibn ‘Abbas that a mention of ordained shares of inheritance was made and Ibn ‘Abbas said, ‘Allah is free of all defects, the most great. Do you think that one who enumerates the number of the grains of sand in a sand valley has designated half and half and one-third? The two halves take away the legacy then where is the room for the one-third?’ Zufar ibn ’Aws al-Basri said, ‘O Ibn ‘Abbas, who was the first one who caused excess or deficiency in the ordained shares? He said, ‘It was ‘Umar ibn al-Khattab when several ordained shares were before him which he gave certain amount to certain people and he said, “I do not know which one of you is first and which one is last according to Allah and I do not find anything bigger to distribute this asset among you in shares.” So he deducted from each of those with ordained shares to offset for the deficiency. I swear by Allah had he placed first whom Allah had placed first and placed last whom Allah had placed last, then no deficiency would take place in the ordained shares.’ Zufar ibn ’Aws then said to him, ‘What has He placed first and what has He placed last?’ He said, ‘Every ordained share that Allah, most Majestic, most Glorious, has not brought down from its being an ordained share except to another ordained share is what Allah has placed first. What Allah has placed last are such shares that when being moved from its status has no replacement except whatever is left, thus it is what Allah has placed last. The ordained shares that He has placed first are one-half, which is the share of a husband. When something is added to it then it is reduced to one-fourth and thereafter it is not removed to some other position. The share of a wife is one-fourth but when it is removed, it becomes one-eighth and then it remains without change. The share of a mother is one-third and when it is reduced, it becomes one-sixth and it then remains unchanged and these are the ordained shares that Allah, most Majestic, most Glorious, has placed first. Of the shares, that Allah has placed last is the share of two daughters and sisters, which are one-half and two-thirds. However, when they are removed from these positions they are not placed in another position with the remaining of the legacy. Thus, they are that which Allah has placed last. When the ones that are placed first and those, who are placed last come together, the ones that are placed first are given priority. A complete right is given to the beneficiary; then if anything left is given to those whose shares Allah has placed last. If nothing remains then there is nothing for him.’ Zufar ibn ’Aws then said to him (ibn Abbas), ‘What stopped you from giving this advice to ‘Umar?’ He (ibn Abbass) said, ‘It is his fearsomeness. ’ Al-Zuhri has said, ‘By Allah, had he (ibn Abbas) presented it before a just Imam, who based his command on justice and piety, who would approve it, (the idea of ibn Abbas) then it would pass (in practical form among people) because no two people have disputed over the knowledge of ibn al-‘ Abbas.’”

I sat with Ibn Abbas, and the topic of inheritance shares was brought up. Ibn Abbas said: "Glory be to Allah (swt) the Almighty! Do you think that the One who has counted the grains of the sand of Alij (a vast desert) made the shares of inheritance such that they consist of a half, a half, and a third? These two halves already consume the entire estate, so where is the share for the third?" Zufar ibn Aws Al-Basri said to him: "O' Ibn Abbas, who was the first to adjust the shares of inheritance (awl, proportional reduction)?" Ibn Abbas replied: "It was Ruma when the inheritance shares became entangled with each other and some shares began to clash with others." Ibn Abbas said: "By Allah (swt), I do not know whom Allah (swt) has given precedence to and whom He (swt) has delayed. I find nothing more appropriate than dividing this wealth according to the prescribed shares, so that each person entitled receives their due, and the effect of the adjustment (awl) of the inheritance falls upon them accordingly. By Allah (swt), if those whom Allah (swt) has given precedence were given precedence, and those whom Allah (swt) has delayed were delayed, no inheritance share would ever be reduced." Zufar ibn Aws asked him: "Who are those whom Allah (swt) has given precedence and those whom He has delayed?" Ibn Abbas replied: "Every share that Allah (swt), the Mighty and Majestic, has not reduced except to another obligatory share is what Allah (swt) has given precedence. As for what Allah (swt) has delayed, it is any share that, when displaced from its original allocation, receives only what remains. These are those whom Allah (swt) has delayed. For example, the husband is entitled to half, but if there are additional heirs that reduce his share, it decreases to one-fourth, and nothing can further reduce it. The wife is entitled to one-fourth, and if her share is reduced, it becomes one-eighth, with nothing further reducing it. The mother is entitled to one-third, but if her share is reduced, it becomes one-sixth, which cannot be further reduced. These are the shares that Allah (swt) has given precedence. As for those whom Allah (swt) has delayed, they include the shares of daughters and sisters. A single daughter or sister receives half, and if they are two or more, they receive two-thirds. However, if other heirs with higher precedence exist, they only receive what remains, and that is what Allah (swt) has delayed. Thus, when the shares given precedence and those delayed are combined, the shares that Allah (swt) has given precedence are distributed first in full. If anything remains, it is given to those whom Allah (swt) has delayed, but if nothing remains, they receive nothing." Zufar ibn Aws asked him: "What prevented you from suggesting this opinion to Ruma?" Ibn Abbas replied: "I was in awe of him." Al-Zuhri then said: "By Allah (swt), if it were not for the fact that a just and pious leader had preceded him and established his ruling with prudence, Ibn Abbas would not have had any disagreement from the scholars on this matter."