Hadith.5623 - A man came to Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام and asked him about a woman who passed away, leaving behind her husband, maternal brothers, and a paternal sister.
Imam عليه السلام said: "The husband receives half of the inheritance, which is three shares. The maternal brothers receive two shares, and the paternal sister receives one share."
The man then said to Imam
عليه السلام: "But the inheritance rulings of Zayd and the general scholars differ from this, O' Abu Ja'far
عليه السلام. They say that the paternal sister receives three shares out of six, which are then adjusted to eight."
Imam
عليه السلام asked him: "And why do they say this?"
The man replied: "Because Allah
سبحانه وتعالى, the Mighty and Majestic, said: 'And if he has a sister, then she shall have half of what he leaves behind.'" (Surah An-Nisa
4:176)
Imam
عليه السلام said: "What if the sister were a brother?"
The man replied: "Then he would receive only one-sixth."
Imam
عليه السلام responded: "Why have you then reduced the brother's share? If you argue that the sister receives half because Allah
سبحانه وتعالى, the Mighty and Majestic, has explicitly designated half for her, then know that Allah
سبحانه وتعالى has designated the entire inheritance for the brother, and the whole is greater than half. For Allah
سبحانه وتعالى, the Mighty and Majestic, said regarding the sister: 'Then she shall have half of what he leaves behind.'" (Surah An-Nisa
4:176)
And Allah
سبحانه وتعالى said regarding the brother: "And he shall inherit her" (Surah An-Nisa
4:176) - meaning he inherits all of her wealth if she has no child. Yet, in some of your rulings, you do not give anything to the one whom Allah
سبحانه وتعالى, the Mighty and Majestic, has assigned the entire inheritance, while you give the one whom Allah
سبحانه وتعالى has assigned only half the full share.
You say in the case of a husband, a mother, maternal siblings, and a paternal sister that the husband receives half, the mother receives one-sixth, the maternal siblings receive one-third, and the paternal sister receives half. You calculate this from nine shares when it should be six, increasing it to nine.
The man replied: "Yes, that is what they say."
Imam
عليه السلام asked: "What if the paternal sister were a paternal brother?"
The man answered: "He would receive nothing."
Imam
عليه السلام then said: "Neither the full brothers and sisters nor the paternal brothers and sisters inherit alongside the mother."