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Text and translation
English translation
2100. Qabiṣah bin Dhuwʿaib said: "A grandmother – the mother of a mother, or the mother of a father – came to Abū Bakr and she said: 'A son of my son' – or, 'A son of my daughter died, and I have been
informed that there is a right (from the wealth) for me in the Book.' So Abū Bakr said: 'I do not find that there is a right for you in the Book, and I have not heard that the Messenger of Allāh ﷺ judged anything for you. I shall ask the people.' So, Al-Mughīrah bin Shu'bah testified that the Messenger of Allāh ﷺ gave her (case) a sixth. He said: 'And who heard that along with you?' He said: 'Muḥammad bin Maslamah.'" He said: "So he gave her a sixth. Then the other grandmother who was left behind came to 'Umar." Sufyān said: "And Ma'mar said to me in addition, 'from Az-Zuhri' – and I do not remember it to be from Az-Zuhri, rather I remember it to be from Ma'mar – that 'Umar said: 'If the two of you are together then it is for both of you, and whichever of you is alone with it (the sixth), then it is for her.'"(Saḥīh)
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Footnotes
1
[1] There are three things regarding this Hadīth that must be noted. First: In the commentary Tuhfat Al-Ahwadhi, Sunan Abū Dāwūd, and Tuhfat Al-Ashrāf it is "My son's son died," and this is in accordance with the chapter heading of the author. However, the Hadīth itself appears in the printed copy of Tuhfat Al-Ahwadhi as it appears here in our copy, so the publishers have retained this wording in any case. Second: In both Awn Al-Ma'būd and Tuhfat Al-Ahwadhi it is indicated that the man who died had two daughters, each of whom deserved a third. Third: In the same references, "The last sixth is consumable for you" is explained to mean that he receives this, not because it is a portion due by his relation, but because it is left over, and he is the one in the position to receive what is left over. However, the narration is weak.
Commentary
In case the deceased person's mother is dead but either of the two grandmothers are alive, then she shall get one-sixth. If both grandmothers (one from father's side and the other from mother's side) are alive, then both shall share sixth part of the inheritance. The woman visiting Abū Bakr ﷺ was the mother's mother, while the one going to 'Umar ﷺ was the father's mother (Tuhfat Al-Ahwadhi, v.3, p.181. For details see Al-Mughni, v.9, pp. 54-55).
