The Two 'Umar Cases
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The Shaykh : ... regarding the two 'Umar cases, which are a husband, mother, and father, and a wife, mother, and father. These two 'Umar cases are named so because the first to rule on them was 'Umar ibn al-Khattab (may Allah be pleased with him).
We now look at the inheritance. The first case: a husband, mother, and father. The husband gets half. Half remains. This half is the share of the mother and the father. We know that when the mother and father share a portion, the mother gets one-third of that portion. The husband took his right, the half, and moved on. We say half remains. The mother gets one-third of it, one-third of the remainder, and the father gets the rest.
And this is the height of analogical reasoning.
Now, the second 'Umar case: a person died leaving a wife, mother, and father. The wife's inheritance is one-quarter. She took the quarter. Three-quarters remain. The three-quarters are a shared estate between the mother and the father. We have learned previously that the shared estate between the mother and the father is one-third for the mother. So, after the wife's fixed share, the mother gets one-third of the remainder, and the father gets the rest. And this is the wisdom, and Allah knows best, in the saying of Allah the Exalted:[An-Nisa 4:11].
Then He said:[An-Nisa 4:11] meaning the deceased has brothers and his parents inherited from him, so for his mother is one-sixth. The "fa" (so) in His saying [An-Nisa 4:11] makes it clear that the clause following it is dependent on the clause before it, meaning: if his parents inherited from him and he had brothers, then for his mother is one-sixth.
An example: a person died leaving his mother, his father, and his two full brothers. How much is for the mother?
One-sixth, because he has brothers. For the mother is one-sixth, and the rest is for the father. The brothers do not inherit in the presence of the father. And this is the stronger, established position based on the apparent meaning of the verse, and it is the opinion of the four Imams.
We now look at the inheritance. The first case: a husband, mother, and father. The husband gets half. Half remains. This half is the share of the mother and the father. We know that when the mother and father share a portion, the mother gets one-third of that portion. The husband took his right, the half, and moved on. We say half remains. The mother gets one-third of it, one-third of the remainder, and the father gets the rest.
And this is the height of analogical reasoning.
Now, the second 'Umar case: a person died leaving a wife, mother, and father. The wife's inheritance is one-quarter. She took the quarter. Three-quarters remain. The three-quarters are a shared estate between the mother and the father. We have learned previously that the shared estate between the mother and the father is one-third for the mother. So, after the wife's fixed share, the mother gets one-third of the remainder, and the father gets the rest. And this is the wisdom, and Allah knows best, in the saying of Allah the Exalted:
and the parents [alone] inherit from him, then for his mother is one third
وورثه أبواه فلأمه الثلثThen He said:
And if he had brothers [or sisters], for his mother is a sixth
فإن كان له إخوة فلأمه السدسAnd if he had brothers
فإن كان له إخوةAn example: a person died leaving his mother, his father, and his two full brothers. How much is for the mother?
One-sixth, because he has brothers. For the mother is one-sixth, and the rest is for the father. The brothers do not inherit in the presence of the father. And this is the stronger, established position based on the apparent meaning of the verse, and it is the opinion of the four Imams.