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Case file s1411 · Probate and trust law · 634
634
Madina: "Madina" and "Majmua aulia ekram," bazaar art, 1950's Source: ebay, Mar. 2012
Madina. bazaar art. Public domain, Wikimedia Commons.
Died
during the caliphate of Umar, 634 to 644
Place
Medina, Saudi Arabia
Field
family estate
Legal tradition
Islamic law of inheritance (faraid) · Islamic law
Historical event
The early caliphate

Full brothers left with nothing asked the caliph Umar to treat their father as a donkey, and he changed his ruling

The case is called al-mushtaraka (the shared case), al-himariyya (the donkey case) or al-umariyya. A woman died leaving a husband, a mother, maternal half-brothers and full brothers. The Koran's fixed shares give the husband half, the mother a sixth and the maternal siblings a third. Those shares use up the estate. The full brothers inherit only what is left, so they get nothing, though they are related to the dead woman through both parents. Reports collected in al-Hakim's Mustadrak say Umar ruled both ways. The full brothers argued, in the version that gives the case its name, that even if their father had been a donkey they were still sons of the same mother. Umar then let the full and maternal brothers share the third. When a man objected that Umar had not done so in an earlier year, Umar replied that the earlier ruling was what they decided then and this one was what they decide now. Uthman and Zayd ibn Thabit shared the third. Ali, Ibn Masud and Ibn Abbas did not. The Maliki and Shafii schools follow the sharing view. The Hanafi and Hanbali schools give the full brothers nothing. The schools still differ, and a modern answer calls it a dispute over how to read the texts, not a rejection of them.

What the law took from it

Under fixed-share systems a near relative can be left with nothing by arithmetic, and the outcome depends on which school of law the court follows.

Cite as: celebrity.estate, “Full brothers left with nothing asked the caliph Umar to treat their father as a donkey, and he changed his ruling,” story s1411, https://www.celebrity.estate/umar-donkey-case-634, updated 30 October 2026.

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