Abu Musa was asked about a case where there were a daughter, a son’s daughter and a sister and replied, “The daughter gets half and the sister gets half. Go to Ibn Mas'ud and you will find that he agrees with me.” When Ibn Mas'ud was asked and told what Abu Musa had said he replied, “I would then be in error and not be one of those who are rightly guided. I decide concerning the matter as the Prophet did: The daughter gets half and the son’s daughter a sixth, making two-thirds, and what remains goes to the sister.” We then went to Abu Musa and when we told him what Ibn Mas'ud had said he replied, “Do not question me as long as this learned man is among you.” Bukhari transmitted it. (Here again we find a tradition by Bukhari in Section 2.)
Inheritance and Wills - Mishkat al-Masabih 3059
This narration from Sahih al-Bukhari presents a profound lesson in Islamic inheritance law and scholarly methodology. The case involves three heirs: a daughter, a son's daughter (granddaughter), and a sister of the deceased.
Initial Ruling by Abu Musa al-Ash'ari
Abu Musa initially awarded half to the daughter and half to the sister, excluding the granddaughter entirely. This demonstrates the complexity of inheritance calculations where multiple relatives compete for shares.
Correction by Abdullah ibn Mas'ud
Ibn Mas'ud corrected this ruling based on the Prophet's teaching: the daughter receives half, the granddaughter receives one-sixth (as a residuary heir), totaling two-thirds, with the remaining one-third going to the sister. This exemplifies how companions verified rulings against Prophetic precedent.
Scholarly Humility and Verification
Abu Musa's acceptance of correction demonstrates the Islamic tradition of scholarly humility. His statement "Do not question me as long as this learned man is among you" shows proper deference to greater knowledge and the importance of consulting experts.
Legal Principles Established
This hadith establishes that grandchildren through sons inherit when there are no direct sons, and that the principle of "the nearer excluding the farther" applies only to equal degrees of relationship. The granddaughter's right to inheritance is firmly established through this Prophetic ruling.