and this further demonstrates the correctness of the position held by the leading Companions and the majority, who maintain that she is not given one-third of the entire estate in the two ‘Umariyya cases: a husband and both parents, or a wife and both parents.

Ibn ‘Abbās and those who agreed with him said: “For if she were given one-third here, she would receive it whenever there were no children, without qualification, which is contrary to what the Quran indicates.” It is also reported that he said to Zayd: “Does the Book of Allah mention one-third of the remainder?” That is, the Book of Allah mentions only one-sixth and one-third.

The response is that the Book of Allah does not grant her one-third unconditionally. How, then, can he give her one-third when either spouse is present? Rather, the Book of Allah contains an indication that precludes giving her one-third alongside the father and either spouse. Were that the case, it would have said: “If he has no children, his mother receives one-third.” On that supposition, she would be entitled to one-third without qualification. Since, however, one-third was assigned only in certain circumstances, we know that she is not entitled to it unconditionally. This inference by contrary implication, also called the argument from the wording, demonstrates the invalidity of the view of those who give her one-third except in the two ‘Umariyya cases. There is no basis for giving her one-third, quite apart from its being contrary to consensus.

Later he said:

His words, “And his parents inherit from him, his mother receives one-third,” indicate that she receives one-third and the father receives the remainder, through the words “his parents inherit from him.” Having assigned the inheritance to the two of them and then specified her share, He thereby indicated that the remainder is his share. Giving the father the remainder alongside her does not entail that anyone else must receive what he receives.

We grant the other residuary heirs their shares only on the basis of His words:

“Blood relatives have a stronger claim upon one another in the Book of Allah,”

and His words:

“For everyone We have appointed heirs to what parents and close relatives leave,”