husband, a mother, and two brothers through the mother. If he bars the mother [from the remainder] to the sixth, he contradicts his own school of thought regarding barring the mother with fewer than three brothers. If he reduces [the share of] the two brothers through the mother, he passes the reduction onto those whom Allah did not lower from a fixed share to what remains. If he applies 'awl (proportional reduction) to the issue, he returns to the position of the majority and abandons his own school of thought. We know of no one today who holds the view of Ibn Abbas, nor do we know of any disagreement among the jurists of this era regarding the application of 'awl, by the praise and grace of Allah.

Section: Ibn Abbas’s disagreement with the Companions occurred in five issues in which his view became famous. The first is a husband and both parents. The second is a wife and both parents; in their view, the mother receives one-third of the remainder, while he (Ibn Abbas) assigned her one-third of the entire estate in it. The third is that he does not bar the mother [from the third to the sixth] except with three brothers. The fourth is that he did not consider sisters as residuaries (asaba) along with daughters. The fifth is that he did not apply 'awl to inheritance issues. These are the five [issues] for which the narration from him is authentic and his view on them is well-known; other narrations from him, besides these, are irregular, and we have mentioned some of them previously.

1008 - Issue: He said: (And if there are two sons of a paternal uncle, one of whom is a brother through the mother, the brother through the mother receives the sixth, and the remainder is divided between them in halves).

This is the view of the majority of jurists. It is narrated from Umar, may Allah be pleased with him, what indicates this, and it is also narrated from Ali, may Allah be pleased with him, Zayd, and Ibn Abbas. This is the opinion of Abu Hanifa, Malik, al-Shafi'i, and those who followed them. Ibn Mas'ud said: The wealth belongs to the one who is a brother through the mother. This is also the view of Shurayh, al-Hasan, Ibn Sirin, Ata, al-Nakha'i, and Abu Thawr, because they are both equal in the kinship of