The grandmother came to Abu Bakr al-Siddiq asking him for her inheritance.He said, "There is nothing for you in the Book of Allah, and I do not know of anything for you in the Sunnah of the Prophet of Allah ﷺ. Go back until I ask the people."So he asked the people, and Mughira bin Shuba said, "I was present when the Messenger of Allah ﷺ gave her a sixth."Abu Bakr asked, "Is there anyone with you who can confirm this?"Then Muhammad bin Maslama stood up and said the same as what Mughira bin Shuba had said, so Abu Bakr granted it to her.Then another grandmother came to Umar bin Khattab asking him for her inheritance.He said, "There is nothing for you in the Book of Allah, and the ruling that was given was only for someone other than you. I am not one to add to the fixed shares, but it is that same sixth. If the two of you are together, it is to be shared between you, and whichever of you is alone with it, it belongs to her."
جاءت الجدة إلى أبي بكر الصديق تسأله ميراثها، فقال: مالك في كتاب الله تعالى شيء، وما علمت لك في سنة نبي الله ﷺ شيئا، فارجعي حتى أسأل الناس، فسأل الناس، فقال المغيرة بن شعبة: حضرت رسول الله ﷺ أعطاها السدس. فقال أبو بكر: هل معك غيرك؟ فقام محمد بن مسلمة، فقال مثل ما قال المغيرة بن شعبة، فأنفذه لها أبو بكر. ثم جاءت الجدة الأخرى إلى عمر بن الخطاب تسأله ميراثها، فقال: مالك في كتاب الله تعالى شيء، وما كان القضاء الذي قضي به إلا لغيرك، وما أنا بزائد في الفرائض، ولكن هو ذلك السدس، فإن اجتمعتما فهو بينكما، وأيكما خلت به فهو لها.
Malik narrated it in "the Chapters on Inheritance" (4) from Ibn Shihab, from Uthman bin Ishaq bin Kharasha, from Qabisa bin Zuayb, and he mentioned it. From this same route it was also narrated by Abu Dawud (2894), Tirmidhi (2101), Ibn Majah (2724), and Bayhaqi (234/6). Its chain is disconnected, for Qabisa bin Zuayb did not hear from Siddiq, since he was born in the year of the Conquest according to the more reliable view. However, it is possible that he heard it later from Muhammad bin Maslama, and for this reason Mizzi mentioned it in "Tuhfa" (361/8) in the biographical entry of Qabisa bin Zuayb Khuzai, from Muhammad bin Maslama.It has been reported from Tirmidhi that he said, "Hasan sahih, and this, meaning Malik's hadith, is more sahih than the hadith of Ibn Uyayna." As for some of the printed copies of Tirmidhi's book, they do not contain his statement "hasan sahih," but only "hasan," because Uthman bin Ishaq bin Kharasha is not well known in the field of hadith, though his hadith is considered good. Baghawi also deemed it hasan (346/8), and Ibn Hibban (6031) and Ibn Mulaqqin in "Badr Munir" (207/7) deemed it sahih.Ibn Hajar said in "Talkhis" (82/3), "Its chain is sahih due to the reliability of its narrators, except that its form is that of a mursal report, for it is not established that Qabisa heard from Siddiq, nor could he have witnessed the incident. This is what Ibn Abdul-Barr said, in substance."I say, this is as he said, except that it is not unlikely that he heard it later from Muhammad bin Maslama. This is why Tirmidhi both deemed it sahih and deemed it hasan, and he does not deem a disconnected report sahih. Malik's inclusion of it also suggests its soundness, as does Ibn Hibban's judgment of it as sahih. Furthermore, the scholars have agreed, as Ibn Munzir stated, that a grandmother is entitled to a sixth when there is no mother, and this supports it as well.Alternatively, Qabisa bin Zuayb may have been born at the beginning of the Hijra, as some scholars have said, and if this is established then there is no problem with its soundness. As for the disagreement among the narrators regarding Zuhri, this is not a defect that invalidates the report, for a sahih report is not invalidated by a daif one.Sufyan bin Uyayna narrated it from Zuhri, from Qabisa, and from this route it was narrated by Hakim (338/4), who said, "Sahih according to the criterion of the two Shaykhs." Likewise, groups of narrators reported it from Zuhri, from Qabisa, without mentioning anyone between them, and this contains a disconnection, for Zuhri did not hear from Qabisa.For this reason, Tirmidhi preferred Malik's version over Sufyan bin Uyayna's version, as did Daraqutni in his "Ilal" (1/248-249), where he mentioned a group who narrated it from Zuhri, from Qabisa bin Zuayb, without mentioning anyone between them. He said, "It appears that the correct view is what Malik and Abu Uways said, and that Zuhri did not hear it from Qabisa, but rather took it from Uthman bin Ishaq bin Kharasha, from him."