What is the ruling in the 'Umariyyatayn' cases concerning a surviving spouse and two parents (Father and Mother)?
General Chapter
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
In the case where the deceased leaves a surviving spouse and two parents, and the spouse is the husband, the wife receives one-fourth, the mother receives one-third of what remains, and the father receives the rest. If the spouse is the wife, she receives one-fourth, the mother receives one-third of what remains, and the father receives the rest. These two cases are called the 'Umariyyatayn' because 'Umar (may Allah be pleased with him) ruled accordingly, a ruling followed by 'Uthman, Zayd ibn Thabit, Ibn Mas'ud, and narrated from 'Ali, as well as Al-Hasan, Ath-Thawri, Malik, Ash-Shafi'i, the People of Opinion, may Allah be pleased with them all.
Supporting text
Ibn 'Abbas ruled that the mother receives one-third of the entire estate in both cases, arguing that Allah assigned her one-third when there are no children or brothers. This view is narrated from 'Ali. Ibn Sirin held the majority view in the case with the husband, but Ibn 'Abbas's view in the case with the wife. Abu Thawr agreed with Ibn Sirin in the husband's case and Ibn 'Abbas in the wife's case, reasoning that assigning the mother one-third of the total estate in the husband's case would give her precedence over the father, which is impermissible, whereas in the wife's case, this consequence does not arise. Ibn 'Abbas based his reasoning on the generality of the verse: "But if he has no child and his heirs are his parents, then for his mother is one-third" (Quran 4:11), and the Hadith regarding giving the remainder to the nearest male agnate, considering the father to be an agnate receiving the residue after fixed shares.