makes the siblings residuary heirs, it sometimes benefits them and sometimes harms them. This is how residuary inheritance operates: a residuary heir sometimes receives the entire estate, sometimes most of it, sometimes a smaller portion, and sometimes nothing at all—when the prescribed shares exhaust the estate. Whoever awards residuary heirs a share when the prescribed shares exhaust the estate has departed from the explicitly established principles of inheritance.
If someone says, “This is juristic preference,” the reply is: This is a preference that contradicts the Book and the balance of justice, for it wrongs the maternal half-siblings by taking their entitlement and giving it to others. Those who dispute this issue have no proof beyond its being Zayd’s opinion. It has also been reported that ‘Umar ruled accordingly, and some people in Medina and elsewhere followed that ruling, just as they followed similar rulings concerning inheritance involving a grandfather and siblings. They also followed Zayd’s opinions on other inheritance questions out of adherence to his authority, even when the textual evidence and analogy supported those who disagreed with him.
Some argue for this on the basis of the saying:
“The most knowledgeable of you in inheritance law is Zayd.”
This, however, is a weak hadith with no established basis. Zayd was not known for expertise in inheritance law during the Prophet’s lifetime, may Allah bless him and grant him peace. Even concerning Abū ‘Ubaydah, the only authentically established statement is:
“Every nation has a trustworthy man, and the trustworthy man of this nation is Abū ‘Ubaydah ibn al-Jarrāh.”
Likewise, they follow Zayd regarding the grandfather, although the majority of the Companions held otherwise. The majority agreed with al-Siddīq that the grandfather, like the father, excludes siblings from inheritance. This is reported from more than ten Companions. It is also the position of Abū Hanīfah and one of the two views within the schools of al-Shāfi‘ī and Ahmad. Abū Hafs al-Barmakī, one of Ahmad’s followers, adopted it, and it was reported by