Tirmidhi

Hadith Commentary:
(1)
Those agnates (ʿaṣabah) who are equal in terms of degree (direction of relationship) will be equal partners in the remainder of the inheritance. As in the aforementioned case, after giving the shares to the husband and the maternal brother, the remaining one-third is then shared equally between both. However, some scholars say that the remainder should be given to the maternal brother because he possesses two relationships.
Imam al-Bukhari rahimahullah has presented these ahadith to refute their view, stating that if the agnates are equal in degree, then the remainder of the wealth will be divided equally among them.
(Fath al-Bari: 35/12) (2)
In reality, Imam al-Bukhari rahimahullah has clarified in this chapter the right of an heir who possesses two relationships: should he be given a share based on both relationships, or should he be entitled only according to one relationship? In the science of inheritance (ʿilm al-farāʾiḍ), there are three types of heirs with two relationships, as follows:
• Both relationships are based on fixed shares, for example:
A man marries his paternal cousin, and from them a son is born. When that son passes away, his grandmother combines two relationships: she is the paternal grandmother from the father's side and the maternal grandmother from the mother's side.
In this case, only one relationship will be considered.
• Both relationships are in the capacity of agnates (ʿaṣabah), for example:
A woman marries her paternal cousin and passes away leaving a son. Her son possesses two relationships:
Firstly, as a son, he is an agnate (ʿaṣabah), and secondly, he is also the son of her paternal cousin. In this case, the relationship with greater strength will be considered, and the other will not be taken into account.
• One relationship is based on a fixed share, and the other is as an agnate (ʿaṣabah), as is the case in the chapter established by Imam al-Bukhari rahimahullah:
In this situation, both relationships will be considered because both entitle one to inheritance, unless there is some impediment.
(3)
It should be clear that among Muslims, in the marriages that occur, two relationships can exist in the following cases:
• The deceased’s son, while also being the son of the deceased’s paternal uncle’s son.
• A maternal brother who is also a paternal cousin.
• A husband who is also the son of the deceased’s paternal uncle.
• A wife who is the daughter of the deceased’s paternal uncle.
None of the commentators have mentioned this objective of Imam al-Bukhari rahimahullah.
This is among that which Allah has opened for me by His grace, bounty, and favor. He is the One sought for help, and upon Him is reliance.

Hadith Commentary:
(1)
There are two categories of those who receive shares from the estate of the deceased:
➊ Ashab al-Fara’id (holders of prescribed shares)
➋ ‘Asabat (agnatic heirs).

Ashab al-Fara’id refers to those relatives whose shares have been fixed in the Noble Qur’an.
The number of prescribed shares is six:
Half (1/2), its half is a quarter (1/4), its half is an eighth (1/8).
This group is given a specific name.
Two-thirds (2/3), its half is a third (1/3), its half is a sixth (1/6).
In the science of inheritance, this is called the second group.
The list of those who receive prescribed shares is quite extensive.
For further information, consult our book "Islamic Law of Inheritance."

‘Asabat refers to those relatives whose share is not fixed, but if there is no relative entitled to a prescribed share, they become the owners of the entire estate.
If there are relatives entitled to prescribed shares, then after giving them their shares, the remainder of the estate goes to the ‘asabat. For example:
A son, grandson, and brother, etc., are ‘asabat.

There are four ‘asabat who also make their sisters ‘asabat:
➊ A son makes his sister, i.e., the daughter, an ‘asabah.
➋ A grandson makes his sister, i.e., the granddaughter, an ‘asabah.
➌ A full brother makes his full sister an ‘asabah.
➍ A paternal brother makes his paternal sister an ‘asabah.

Other than these, no ‘asabah makes his sister an ‘asabah. For example:
An uncle does not make his sister, nor does a cousin make his sister, an ‘asabah.
If the deceased’s paternal uncle and paternal aunt are alive, only the uncle will be entitled to the estate; the aunt will be deprived. Similarly, if there is a nephew and a niece, the nephew will be entitled and the niece will be deprived.

(2)
There are three types of ‘asabah:
➊ ‘Asabah by himself (bi-nafsihi)
➋ ‘Asabah through others (bil-ghayr)
➌ ‘Asabah with others (ma‘a al-ghayr)
Details will be explained later, in sha Allah.

(3)
It should be clear that maternal brothers neither become ‘asabah themselves nor do they make their sisters ‘asabah.
The fixed share of maternal brothers and sisters is mentioned in the Noble Qur’an.
If there is one maternal brother or one maternal sister, he or she will receive one-sixth, and if there are more, they will equally share one-third.
The rule of “for the male, the share of two females” does not apply to them.
And Allah knows best.

Hadith Commentary:

For example, if there is a son, then the grandson will not receive anything; if there is a grandson, then the great-grandson will not receive anything.
If a deceased person leaves behind a husband, a father, a daughter, and a grandson, then the husband will receive one-fourth, the father one-sixth, and the daughter one-half; after giving these shares, the remainder will be distributed among the grandson and granddaughter.
﴿For the male, a portion equal to that of two females﴾ ().

Hadith Commentary:
(1)
From this hadith, the second principle of the doctrine of exclusion (hijb hirman) is understood: in the presence of a closer relative, the more distant relative is deprived. For example:
If there is a son, the grandson receives nothing, and if there is a grandson, the great-grandson is deprived.

(2)
If the deceased leaves behind a husband, father, daughter, grandson, and granddaughter, then the husband will receive 1/4, the father 1/6, and the daughter 1/2. The remainder will be distributed between the grandson and granddaughter in such a way that the grandson receives twice as much as the granddaughter.

(3)
The issue of inheritance for the orphaned grandson:
In the present era, the issue that has been given the most importance regarding inheritance is the inheritance of the orphaned grandson and granddaughter in the presence of the deceased’s own direct children.
Their helplessness and need have been used as a basis to greatly publicize this issue, whereas from the blessed era of the Messenger of Allah (sallallahu alayhi wa sallam) up to the twentieth century, there has been no difference of opinion on this matter. Thus, not only are the well-known schools of jurisprudence—Hanafis, Shafi‘is, Malikis, and Hanbalis—as well as the Shi‘a, Zaydis, Imamiyyah, and Zahiris all agreed on this, but there is also no statement transmitted from lesser-known imams and jurists to the contrary: that if a grandfather passes away and his son is present, then the children of his other deceased son, i.e., the grandsons, will not receive anything from his estate. However, the government of Pakistan issued a Martial Law ordinance in 1961, under which a law was enacted that if a person dies and leaves behind such a son or daughter who had died during his lifetime, then the children of the deceased son or daughter will be entitled to the share that their father or mother would have received if they had been alive at the time of that person’s death, even in the presence of other sons.
In Pakistan, the overwhelming majority gave a clear verdict that this law is contrary to the Shari‘ah, because Allah the Exalted says:
“Allah commands you concerning your children: for the male, a share equal to that of two females.” (al-Nisa 4:11)
In this noble verse, the word “awlad” is the plural of “walad,” which is used in the sense of direct offspring.
In the Arabic language, the word “walad” is used in two ways:
* Literally, for one who is born directly, i.e., son and daughter, etc.
* Figuratively, for one who is born through an intermediary, i.e., grandson and granddaughter.
The children of daughters, i.e., maternal grandsons and granddaughters, are not included in the meaning of this word, because lineage is traced through the father. On this basis, maternal grandsons and granddaughters are not included in the word “walad” such that they would be considered children and given a share. Furthermore, it is an established fact that as long as the literal meaning exists, it is not permissible to take the figurative meaning; that is, in the presence of the literal meaning of “walad” (son and daughter), the grandson and granddaughter cannot be intended. Therefore, the clear meaning of the noble verse is that in the presence of a direct son, the grandson and granddaughter have no right, whether the grandson and granddaughter are from a living son or a deceased son.
Regarding this, Imam al-Jassas writes in his tafsir:
“There is no difference among the scholars of the Ummah that in the aforementioned statement of Allah the Exalted, only direct offspring are intended, and there is also no difference that the grandson is not included with the direct son in this. Likewise, there is no difference that if the direct son is not present, then what is meant is the offspring of sons, not daughters. Therefore, this word is for direct offspring, and when there is no direct offspring, then the offspring of the son is included in it.” (Ahkam al-Qur’an: 2/96) (3)
The hadith presented by Imam al-Bukhari rahimahullah also indicates that after those who receive fixed shares, the heir will be the one who is closer to the deceased. Thus, the son, in terms of degree, is closer than the grandson; therefore, in comparison to the grandson, only the son will inherit, and the grandson will be deprived. This is as clear as daylight from the statement of Hazrat Zayd ibn Thabit radi Allahu anhu, which we have already explained earlier.

(4)
It should be clear that the Shari‘ah has preferred the law of “the closer, then the next closer” (al-aqrab fa al-aqrab) in matters of inheritance. Allah the Exalted says:
“For each, We have appointed heirs to what is left by parents and near relatives.” (al-Nisa 4:33)
From this noble verse, it is also understood that in the presence of a closer relative, the more distant relative will be deprived. Therefore, in the presence of a son, the grandson will not receive a share of the inheritance.
It should also be kept in mind that Islam has not made the poverty, need, or helplessness of relatives the basis for inheritance, as is attempted by creating an emotional atmosphere regarding the orphaned grandson. Rather, it has made their future financial responsibilities the basis.
If neediness and helplessness were the basis in this matter, then the girl should have received twice the share of the boy, because compared to the boy, the girl is in greater need of wealth and property, and due to her helplessness, she should have been considered more deserving of the deceased’s wealth, whereas the matter is the opposite.
This clearly means that in inheritance, neediness, inability to earn a livelihood, or helplessness are not considered at all. However, Islam has provided a solution to this emotional issue by allowing the deceased to make a bequest (wasiyyah) of up to one-third of his estate in favor of his orphaned grandsons, granddaughters, and other non-heir needy relatives before his death.
If, in the presence of orphaned grandsons and granddaughters, a bequest is made for other non-heir individuals or for a charitable institution, then the ruler of the time should have the authority to annul that bequest and enforce it in favor of the needy orphaned grandsons and granddaughters. However, if the grandfather has already given a share of the estate to the orphaned grandsons and granddaughters during his lifetime by way of gift (hiba), then in this case, instead of annulling the bequest, it should be implemented as it is.
And Allah knows best.

Hadith Commentary: Benefits and Issues: The restriction of mentioning "with a man," i.e., specifying the masculine (madhkar), is also due to the reason that the cause of sharing (in inheritance) is his being male, and the 'asabat (agnatic heirs) are, in essence, 'asabah by themselves, who will be males.

Hadith Commentary:

Benefits and Issues:
By "faraid" (obligatory shares) are meant those portions which have been fixed in the Noble Qur’an, and these are six:

➊ Half,
➋ One-fourth,
➌ One-eighth,
➍ Two-thirds,
➎ One-third,
➏ One-sixth.

And by "ashab al-furud" (holders of obligatory shares) are meant those individuals who receive these portions, and they are four men (father, grandfather, husband, uterine brother) and eight women (daughter, granddaughter, full sister, consanguine sister, uterine sister, wife, mother, and grandmother—maternal or paternal).

Full siblings are called "shaqiq," those sharing the same father are called "‘alati," and those sharing the same mother are called "akhyafi." If anything remains after the shares of the ashab al-furud, it goes to the "‘asabah" (residuary heirs), and by this is meant those male relatives of the deceased whose share is not fixed, or those male relatives who are related to the deceased through the father, such as the deceased’s son, grandson, brother, and paternal uncle, etc.

Among them, the closer one will exclude the more distant one, which is why in the hadith the restriction of "awla" (nearest) or "adna" (lowest in degree) is mentioned. The mention after "rajul" (man) is so that it is not thought that "rajul" here means "kabir" (elder) as opposed to "saghir" (younger), but rather here it is in contrast to "untha" (female).

For example, if a person passes away and only a daughter is present, and he has a living brother and a paternal uncle, then the daughter will receive half of the inheritance, and the remaining half will go to the brother; the uncle will receive nothing. If there is no brother, then the remaining half will go to the uncle.

Benefits and Issues:
Those whose shares have been fixed by the Shari‘ah are called “ashab al-furud” and “ahl al-fard.”

Benefits and Issues:
(1)
By “ashab al-furud” (holders of prescribed shares) are meant those heirs whose shares have been fixed in the Noble Qur’an and the noble hadith. These are twelve individuals, among whom are four men and eight women. Their details have already been mentioned under hadith: 2737.

(2)
Among the aforementioned individuals, some are included among the ashab al-furud in one circumstance and become ‘asabah (residuary heirs) in another circumstance. For example: a single daughter or more than one daughter are included among the ashab al-furud when the deceased has no son; if there is a son, then the daughter or daughters become ‘asabah.