English translation
2917. (A) It was reported from Husain Al-Mu'allim, from 'Amr bin Shu'aib, from his father, from his grandfather, that Ri'ab bin Hudhaifah married a woman, and three sons were born to her from him. Their mother then died. They inherited her property and the Walā' of her freed slaves. 'Amr bin Al-'Ās was an Asabah among them. He sent them to Ash-Shām, where they died. When 'Amr bin Al-'Āṣ arrived, a freed slave of hers had died and left some property behind for him. Her brothers dispute took their before 'Umar bin Al-Khaṭṭāb. 'Umar said: "The Messenger of Allāh ﷺ said: 'Whatever property a son or a father gains as an heir will be for his ʾAṣabah after him, whomever they may be.'" He said: "He wrote a document for him, witnessed by 'Abdur-Rahmān bin 'Awf and Zaid bin Thābit, and another man. When 'Abdul-Malik became the Khalifah, they presented the case to Hishām bin Ismā'il — or Ismā'il bin Hishām. He sent them to 'Abdul-Malik. He said: 'This is from the decision which I had seen.'" He said: "Then he made the decision based on the document of 'Umar bin Al-Khaṭṭāb, and we are following that until this time." (Hasan) 2917 (B). [It was reported from Hammād, from Ĥumaid who said: "People have accused 'Amr bin Shu'āib for this (no. 2917 A) Hadīth." (Hasan) Abū Dāwud said: It was reported from Abū Bakr, 'Umar and 'Uthmān, contrary to this Hadīth, and it was reported similar to this from 'Alī bin Abī Tālib.]