Chapter on the Inheritance of Grandfathers and Grandmothers

The author of this book, may Allah سبحانه وتعالى have mercy on him, explained that Imam Ali ibn Abi Talib عليه السلام gave her the entire inheritance because the deceased had no other heir besides her.

Ibn Sirin narrated from Abu Ubaydah, who said: "I memorized one hundred rulings from some of the companions regarding the grandfather, and they contradicted one another." Al-Faḍl ibn Shadhan said: "Know that the grandfather always holds the position of a brother; he inherits where the brother inherits and is excluded where the brother is excluded." However, Al-Faḍl was mistaken in this matter because the grandfather inherits alongside the descendants (children's children), whereas a brother does not inherit in their presence. The paternal grandfather inherits alongside the father, and the maternal grandfather inherits alongside the mother, while a brother does not inherit alongside either parent. Additionally, a nephew inherits alongside the grandfather but not alongside the brother. So how can the grandfather always be in the same position as the brother, inheriting where the brother inherits and being excluded where the brother is excluded? Rather, the grandfather, when inheriting alongside siblings, is considered as one of them. However, to claim that he always holds their position - sharing the same rules of inheritance and exclusion - is incorrect, and Al-Faḍl ibn Shadhan did not provide any valid evidence to support this claim.

So Imam Ali ibn Abi Talib عليه السلام, peace be upon him, considered him (the grandfather) as a seventh among them. His عليه السلام statement, "erase my letter," indicates that he disliked being criticized for differing from those who preceded him. This, however, is not proof for Al-Fadl ibn Shadhan, because this narration only establishes that the grandfather is regarded as one of the brothers and does not establish that he is always considered like a brother, nor does it establish that he inherits where a brother inherits and is excluded where a brother is excluded. Our opponents have narrated that when Umar's grandson passed away, leaving him along with two brothers, Umar asked Zayd about the matter. Zayd replied: "I see the wealth should be divided into thirds among you." Umar accepted Zayd's opinion and considered himself, being the grandfather, as a brother. As for Ibn Mas'ud, may Allah سبحانه وتعالى be pleased with him, he said regarding a brother from the father and mother, a brother from the father, and a grandfather, that the wealth should be divided equally between the brother from the father and mother and the grandfather, with nothing for the brother from the father. Thus, he considered the grandfather as a brother, as if the deceased had left behind two full brothers and a paternal half-brother, treating the grandfather as a brother. This aligns with what we say. If a man leaves behind a brother and sister from the mother, a grandfather and grandmother from the mother's side, a sister from the father and mother, and a brother from the father, then the brother and sister from the mother's side, along with the grandfather and grandmother from the mother's side, are entitled to one-third of the inheritance, with the male and female in this matter are equal. Whatever remains shall belong to the sister from the father and mother, and the brother from the father is excluded. If the deceased left behind brothers and sisters from the mother, a maternal grandfather and grandmother, brothers and sisters from the father and mother, a paternal grandfather and grandmother, and brothers and sisters from the father, then one-third of the inheritance shall go to the maternal siblings and grandparents, with equal shares between male and female. Whatever remains shall belong to the paternal siblings and grandparents, with the male receiving twice the share of the female, and the brothers and sisters from the father shall be excluded. If the deceased left behind a brother from the mother, a maternal grandfather, a brother from the father and mother, a paternal grandfather, and a brother from the father, then one-third of the inheritance shall be divided equally between the brother from the mother and the maternal grandfather. Whatever remains shall belong to the brother from the father and mother and the paternal grandfather, to be shared equally, and the brother from the father shall be excluded. If the deceased left behind a wife, a brother from the mother, a maternal grandfather, and a brother from the father, then one-fourth of the inheritance shall go to the wife, one-third divided equally between the brother from the mother and the maternal grandfather, and whatever remains shall belong to the brother from the father. If a woman left behind her husband, her grandson, a grandfather, and brothers and sisters from the father and mother, then one-fourth shall go to the husband, one-sixth to the grandfather, and whatever remains shall belong to the grandson, excluding the brothers and sisters. If a woman left behind her husband, her parents, and her maternal grandfather, then one-half of the inheritance shall go to the husband, one-third to the mother, and from this third, half shall be taken and given to the grandfather. And that is the sixth of the entire estate, and the father is entitled to the sixth. If a man leaves behind his two parents and a paternal grandfather and a maternal grandfather, then the mother shall receive one-sixth, the maternal grandfather shall receive one-sixth, the father shall receive half, and the paternal grandfather shall receive one-sixth. If a man leaves behind his father and his maternal grandfather, then the estate belongs to the father. If he leaves behind his mother and his paternal grandfather, then the estate belongs to his mother, because the paternal grandfather is entitled only to one-sixth of his son's estate as a provision, and likewise, the maternal grandfather is entitled only to one-sixth of his daughter's estate as a provision. If a man leaves behind his wife, his two parents, his paternal grandfather, and his maternal grandfather, then the wife shall receive one-fourth, the mother shall receive one-sixth, the maternal grandfather shall receive one-sixth, the paternal grandfather shall receive one-sixth, and the father shall receive the remainder. If a woman leaves behind her husband, her two parents, her paternal grandfather, and her maternal grandfather, then the husband shall receive half, the mother shall receive one-sixth, the maternal grandfather shall receive one-sixth, and the father shall receive one-sixth, with the paternal grandfather being excluded. This is the case where the paternal grandfather does not inherit alongside the father. The reason for this is that the grandfather's inheritance is a sixth from his son as a provision, and when his son inherits only a sixth, the grandfather's share as provision is nullified. If a woman leaves behind her husband, her two parents, and her paternal grandfather, then the estate is distributed accordingly. And if she leaves behind her husband, her two parents, her paternal grandfather, her maternal grandfather, and brothers and sisters from the father's side or from both parents, then the husband shall receive half, the mother shall receive one-sixth, the paternal grandfather shall receive one-sixth, and the remainder shall be for the father, while the maternal grandfather is excluded. This is the case in which the maternal grandfather does not inherit alongside the mother. The reason for this is that the brothers and sisters from the father's side or from both parents have reduced the mother's share from one-third to one-sixth. Since the mother only receives one-sixth, her father is excluded from receiving any share of her inheritance. If a person leaves behind a paternal or maternal grandfather or grandmother, and an uncle or an aunt or a maternal uncle or a maternal aunt, then the estate belongs to the grandfather or grandmother, and the uncle, aunt, maternal uncle, and maternal aunt are excluded. No paternal uncle, paternal aunt, maternal uncle, maternal aunt, cousin, cousin's son, maternal cousin, or maternal cousin's son inherits alongside the grandfather, brother, sister, nephew, or niece. The offspring of the brother and sister, even if they are distant, are more entitled to inherit than paternal uncles, paternal aunts, maternal uncles, and maternal aunts. And there is no power except with Allah سبحانه وتعالى.