The wife of Sa'd b. ar-Rabi’ brought to God’s Messenger her two daughters whose father was Sa'd b. ar-Rabi' and said, “Messenger of God, these are the daughters of Sa'd b. ar-Rabi’. Their father was killed as a martyr when he was with you at the battle of Uhud, their paternal uncle has taken their property leaving them nothing, and they cannot be married unless they have some property."
He replied that God would decide regarding the matter, and when the verse about inheritance (Al-Qur’an 4:11) was sent down God’s Messenger sent to their paternal uncle and said, “Give Sa'd’s two daughters two-thirds and their mother an eighth, and what remains is yours."
Ahmad, Tirmidhi, Abu Dawud and Ibn Majah transmitted it, Tirmidhi saying this is a hasan gharib tradition.
You recite this verse, “After a legacy you bequeathe or a debt (Al-Qur’an 4:12),’’ but God’s Messenger decided that a debt should be discharged before a legacy and that the sons of the same mother inherit from one another, but not the sons of one father by different mothers. A man inherits from his brother who has the same father and mother, but not from his brother who has the same father but a different mother.
Tirmidhi and Ibn Majah transmitted it. In a version by Darimi he said, “Brothers who have the same mother inherit from one another but not sons of the same father but of different mothers, etc."
Abu Musa was asked about a case where there were a daughter, a son’s daughter and a sister and replied, “The daughter gets half and the sister gets half. Go to Ibn Mas'ud and you will find that he agrees with me.” When Ibn Mas'ud was asked and told what Abu Musa had said he replied, “I would then be in error and not be one of those who are rightly guided. I decide concerning the matter as the Prophet did: The daughter gets half and the son’s daughter a sixth, making two-thirds, and what remains goes to the sister.” We then went to Abu Musa and when we told him what Ibn Mas'ud had said he replied, “Do not question me as long as this learned man is among you.”
Bukhari transmitted it. (Here again we find a tradition by Bukhari in Section 2.)
Buraida said that a man of Khuza'a died and his estate was brought to the Prophet who gave instructions to look for an heir of his or some relative, but they found neither, so God’s Messenger said, “Give it to the leading man* of Khuza'a’ (al-kubr. This may mean the greatest in rank or in age, or, more probably, the nearest in kin to the man's oldest ancestor, the one with fewest intermediate links.
Abu Dawud transmitted it. In a version by him he said, “Look for the greatest (akbar. This might mean greatest or oldest, but it is most probably used here in the same sense as al-kubr) man of Khuza'a.'’
