The story of 'Umar and his retraction in the matter of the polytheist in inheritance, and Imam Ahmad regarding the divorce of the intoxicated man.
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The Shaykh : It is said that 'Umar (may Allah be pleased with him) was presented with the case of the polytheist. The case of the polytheist is: a husband, a mother, full brothers, and maternal brothers. Who is the heir who receives a fixed share to divide it? Muhammad, what Allah willed. There are many heirs. First, Muhammad. From how many is the case?
The student: From six.
The Shaykh : From six.
The student: The mother gets one-sixth, and the brother is one, and there are two opinions.
The Shaykh : Based on what is indicated by the Qur'an and the Sunnah.
The student: The correct opinion is that the maternal brothers get one-third...
The Shaykh : Yes, you understood the division. The case is from six. The husband gets one-half because there is no descendant heir of the woman. The mother gets one-sixth due to the presence of a number of siblings. The maternal siblings get one-third by the explicit text of the Qur'an. Allah (Mighty and Majestic) said:[An-Nisa 4:12] meaning from one person [An-Nisa 4:12] This is the speech of Allah (Mighty and Majestic). The full siblings have nothing by this ruling of 'Umar initially. Then the case was raised again, another case, and he ruled with sharing, and we will mention it, if Allah wills, after the adhan.
The case was raised, not the first case; it had ended with 'Umar (may Allah be pleased with him) a second time. He said: The husband gets one-half, the mother gets one-sixth, and the remainder is for the full siblings or the maternal siblings, sharing between them. It was said to him: O Commander of the Faithful, you ruled yesterday thus and thus. He said:Musannaf Ibn Abi Shaybah 28:59 He explicitly stated that he retracted, and retracting to the truth is a virtue. O my brothers, do not let your statement yesterday prevent you from speaking the truth today. Imam Ahmad (may Allah have mercy on him), who is the Imam of the people of the Sunnah, and he is sufficient as a hadith scholar and jurist, used to retract from a statement he had made and not care. He used to say, (may Allah have mercy on him): "That the divorce of the intoxicated man is effective" meaning if a man gets intoxicated and divorces his wife, he is bound by the divorce, even though he does not know what he is saying; he is bound by the divorce. Then he retracted and said: "The divorce of the intoxicated man is not effective" and he explicitly stated his retraction, saying: "I used to say that the divorce of the intoxicated man is effective until it became clear to me" meaning until it was established and became clear to me. "I saw that if I said the divorce of the intoxicated man is effective, I would commit two things: I would prevent her from her husband, yes, I would prevent him from his wife, forbidding his wife from him, and she would marry another. And if I said it is not effective, I would commit one thing, which is that I would make her lawful for her husband, on the assumption that she is forbidden to him. I did only one thing, but I did not make her lawful for another" So the important point is that returning to the truth is among the great virtues. We ask Allah to make us and you among those who follow the truth. Yes, 'Abd al-Rahman.
The student: From six.
The Shaykh : From six.
The student: The mother gets one-sixth, and the brother is one, and there are two opinions.
The Shaykh : Based on what is indicated by the Qur'an and the Sunnah.
The student: The correct opinion is that the maternal brothers get one-third...
The Shaykh : Yes, you understood the division. The case is from six. The husband gets one-half because there is no descendant heir of the woman. The mother gets one-sixth due to the presence of a number of siblings. The maternal siblings get one-third by the explicit text of the Qur'an. Allah (Mighty and Majestic) said:
And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two
وَإِنْ كَانَ رَجُلٌ يُورَثُ كَلَالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ فَإِنْ كَانُوا أَكْثَرَ مِنْ ذَلِكَthey share a third
فَهُمْ شُرَكَاءُ فِي الثُّلُثِThe case was raised, not the first case; it had ended with 'Umar (may Allah be pleased with him) a second time. He said: The husband gets one-half, the mother gets one-sixth, and the remainder is for the full siblings or the maternal siblings, sharing between them. It was said to him: O Commander of the Faithful, you ruled yesterday thus and thus. He said:
