Source: Fiqhi Rulings and Issues in the Light of Quran and Hadith, Inheritance Issues: Volume 02: Page 188
All praise is due to Allah, and blessings and peace be upon the Messenger of Allah. To proceed!
In Shariah terminology, inheritance means that the property of a deceased person is transferred to a living individual or individuals according to the principles prescribed by Shariah.
Causes of Inheritance
There are three fundamental causes of inheritance:
① Rahm, i.e., blood relation
This refers to the kinship through which a person becomes an heir. Allah Almighty says:
"وَأُولُو الأَرْحَامِ بَعْضُهُمْ أَوْلَى بِبَعْضٍ فِي كِتَابِ اللَّهِ"
"And among them are those who are closer to others in kinship in the decree of Allah."
Reference: Al-Anfal:8/75
People who have blood relations, whether close or distant to the deceased, can become heirs, provided there is no closer relative who would prevent them. That is, when a closer relative exists, a more distant relative does not become an heir.
Blood relatives as heirs are divided into three categories:
✔ Asl (Principle):
This refers to the father, grandfather, great-grandfather, and ancestors above them.
✔ Branches:
This includes the legitimate offspring and the offspring of daughters down the line.
✔ Margins:
This refers to siblings, the offspring of brothers down the line, and paternal uncles whether full or from the paternal ancestors above, as well as their offspring down the line.
② Marriage
Marriage means the lawful union of a man and a woman through the Islamic contract of marriage, even if there has been no opportunity for privacy or intimacy, because Allah's command regarding this is general:
﴿وَلَكُم نِصفُ ما تَرَكَ أَزوٰجُكُم إِن لَم يَكُن لَهُنَّ وَلَدٌ فَإِن كانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمّا تَرَكنَ مِن بَعدِ وَصِيَّةٍ يوصينَ بِها أَو دَينٍ وَلَهُنَّ الرُّبُعُ مِمّا تَرَكتُم إِن لَم يَكُن لَكُم وَلَدٌ فَإِن كانَ لَكُم وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمّا تَرَكتُم...﴿١٢﴾... سورةالنساء
"If the wives you leave behind have no child, then half of what you leave is theirs; but if they have children, then one-fourth of what you leave is theirs, after any bequest you may have made or any debt. And for you is one-fourth of what your wives leave if they have no child; but if they have children, then for you is one-eighth of what they leave,
Reference: An-Nisa:4/12
"Merely the establishment of the marriage contract makes the husband and wife heirs to each other. Similarly, if the divorce is revocable and one of the spouses dies during the waiting period (iddah), both will be heirs to each other, because in the revocable waiting period, the marital relationship remains.
It should also be clear that the restriction of "Shari'i" in the definition of marriage is applied so that unlawful or invalid marriages are excluded, because such marriages are not valid according to Shariah, and therefore inheritance is not established from them.
③ Wala'
From a Shari'i perspective, Wala' is an inheritance that the emancipator receives after the death of the slave he has freed. In the terminology of jurists, it is called 'asabah sababiyyah' (causal agnation).
Due to Wala', the emancipator becomes the heir of the freed slave, not the other way around. If the emancipator is not alive, then his agnates by blood, such as son, father, brother, and uncle, will be the heirs of the freed slave's Wala'. However, 'asabah bighayr' or 'asabah ma' al-ghayr' do not become heirs in this case.
The evidence for this is the sayings of the Messenger of Allah, peace be upon him:
"الْوَلَاءُ لُحْمَةٌ كَلُحْمَةِ النَّسَبِ"
"Al-Wala' (loyalty) is like a kinship relationship."
Reference: Sahih Ibn Hibban (Al-Ihsan) 7/4929 and Al-Mustadrak Al-Hakim 4/379. Hadith 7990, 7991
"إِنَّمَا الْوَلَاءُ لِمَنْ أَعْتَقَ"
"Al-Wala' is only given to the one who frees (a slave)."
Reference: Sahih Al-Bukhari, Zakat, Chapter on Charity to the Mawla of the Wives of the Prophet, Hadith 1493. Sahih Muslim, Liberation, Chapter explaining that Al-Wala' belongs to the one who frees, Hadith 1504
It should be noted that the freed person's Al-Wala' is given to the one who freed him or his relatives only when the freed person has no kinship relatives of his own. For more details on this issue, Tafheem al-Mawarith can be consulted.
Reference: (Saarim)
Division of heirs based on gender
Heirs are of two types based on gender:
① Male
② Female
Male heirs
① Son and grandson downwards
Allah Almighty says:
﴿يوصيكُمُ اللَّهُ فى أَولـٰدِكُم لِلذَّكَرِ مِثلُ حَظِّ الأُنثَيَينِ... ﴿١١﴾... سورة النساء
"Allah commands you concerning your children: the male shall have the equal of the portion of two females."
Reference: An-Nisa: 4/11
It should be remembered that when a son is not present, the grandson is considered his substitute. In the Holy Quran, the word "offspring" is generally used for members of the lineage as well, such as:
"يَا بَنِي آدَمَ "
"O children of Adam!"
and:
"يَا بَنِي إِسْرَائِيلَ "
"O children of Jacob!"
② Father and Grandfather Upwards
This refers to those ancestors who are related to the deceased only through males, meaning there is no female intermediary between the heir and the deceased. Allah Almighty has said:
﴿"وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ"﴾
"And for the parents of the deceased, each one of them is entitled to a sixth."
Reference: An-Nisa:4/11
The grandfather acts as the substitute for the father when the father is not present. It is established from the Prophet Muhammad (peace be upon him) that he gave the grandfather a sixth share of the inheritance.
③ Brother
There are three types of brothers:
✔ Consanguineous: who are full brothers from both mother and father.
✔ Paternal: who are brothers only from the father's side.
✔ Maternal: who are brothers only from the mother's side.
Allah Almighty has described their inheritance rights as follows:
﴿يَستَفتونَكَ قُلِ اللَّهُ يُفتيكُم فِى الكَلـٰلَةِ إِنِ امرُؤٌا۟ هَلَكَ لَيسَ لَهُ وَلَدٌ وَلَهُ أُختٌ فَلَها نِصفُ ما تَرَكَ وَهُوَ يَرِثُها إِن لَم يَكُن لَها وَلَدٌ فَإِن كانَتَا اثنَتَينِ فَلَهُمَا الثُّلُثانِ مِمّا تَرَكَ وَإِن كانوا إِخوَةً رِجالًا وَنِساءً فَلِلذَّكَرِ مِثلُ حَظِّ الأُنثَيَينِ يُبَيِّنُ اللَّهُ لَكُم أَن تَضِلّوا وَاللَّهُ بِكُلِّ شَىءٍ عَليمٌ ﴿١٧٦﴾... سورة النساء
"They ask you for a fatwa, say: Allah gives you a fatwa concerning kalalah. If a person dies who has no child but has one sister, then half of the estate left by him belongs to her, and the brother will be the heir of that sister if he has no children. So if there are two sisters, they will receive two-thirds of the entire estate left. And if there are several persons related in this way, both men and women, then the male's share is equal to that of two females. Allah is explaining this to you so that you do not go astray, and Allah is aware of everything."
Reference: An-Nisa 4:176
This verse mentions full and uterine brothers. Whereas regarding consanguineous brothers and sisters, it is stated:
﴿وَإِن كانَ رَجُلٌ يورَثُ كَلـٰلَةً أَوِ امرَأَةٌ وَلَهُ أَخٌ أَو أُختٌ فَلِكُلِّ وٰحِدٍ مِنهُمَا السُّدُسُ...﴿١٢﴾... سورة النساء
"And those whose inheritance is taken are men or women kalalah (who have no father or son), and he has one brother or one sister, then each of them has a sixth part."
Reference: An-Nisa 4:12
④ Nephew
Similarly, a maternal nephew by blood and a maternal nephew by uterine relation also become heirs, however, a nephew by affinity does not become an heir because he is counted among the relatives by womb.
⑤ Uncle and his sons
A paternal uncle by blood and uterine relation and his children also become heirs. The evidence for this is the saying of the Prophet Muhammad (peace be upon him):
"أَلْحِقُوا الْفَرَائِضَ بِأَهْلِهَا، فَمَا بَقِيَ فَهُوَ لأَوْلَى رَجُلٍ ذَكَرٍ"
"Give the shares to the heirs, then whatever remains, give it to the nearest male relative (asabah)."
Reference: Sahih al-Bukhari, Al-Fara'id, Chapter on inheritance of son, daughter, and mother, Hadith 6732. Sahih Muslim, Al-Fara'id, Chapter on grandchildren and inheritance by agnates, Hadith 1615
⑥ Husband
Allah Almighty said:
﴿وَلَكُم نِصفُ ما تَرَكَ أَزوٰجُكُم ...﴿١٢﴾... سورةالنساء
"Your wives, if they die and leave no child, then half of what they leave is yours."
Reference: An-Nisa: 4:12
⑦ Master of allegiance (Sahib Wala')
The one who frees a slave, or his agnates, are the heirs of the freed slave. The evidence is:
"الْوَلَاءُ لُحْمَةٌ كَلُحْمَةِ النَّسَبِ"
"Al-Wala' is a relationship similar to kinship."
Reference: Sahih Ibn Hibban (Al-Ihsan) 7/4929 and Al-Mustadrak Al-Hakim 4/379. Hadith 7990, 7991
And:
"إِنَّمَا الْوَلَاءُ لِمَنْ أَعْتَقَ"
"The rightful owner of al-Wala' is the one who frees (the slave)."
Reference: Sahih al-Bukhari, Zakat, Chapter on charity to the freed slaves of the wives of the Prophet (peace be upon him), Hadith 1493. Sahih Muslim, Al-'Itq, Chapter explaining al-Wala' of freeing, Hadith 1504
Women as heirs
① Daughter and son's daughter
A daughter and a son's daughter, no matter how far down, become heirs. Allah Almighty has said:
﴿يوصيكُمُ اللَّهُ فى أَولـٰدِكُم لِلذَّكَرِ مِثلُ حَظِّ الأُنثَيَينِ فَإِن كُنَّ نِساءً فَوقَ اثنَتَينِ فَلَهُنَّ ثُلُثا ما تَرَكَ وَإِن كانَت وٰحِدَةً فَلَهَا النِّصفُ... ﴿١١﴾... سورة النساء
"Allah commands you concerning your children: the male shall have the equal share of two females. But if there are only daughters and more than two, then they shall have two-thirds of the inheritance. And if there is only one daughter, then she shall have half."
Reference: An-Nisa:4/11
② Mother, paternal grandmother, and maternal grandmother
Allah Almighty has said:
﴿فَإِن لَم يَكُن لَهُ وَلَدٌ وَوَرِثَهُ أَبَواهُ فَلِأُمِّهِ الثُّلُثُ فَإِن كانَ لَهُ إِخوَةٌ فَلِأُمِّهِ السُّدُسُ ...﴿١١﴾... سورة النساء
"And if there are no children and the parents are heirs, then the mother shall have one-third. But if the deceased has many siblings, then the mother shall have one-sixth."
Reference: An-Nisa:4/11
And it is narrated from Sayyiduna Buraidah (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said:
"لِلْجَدَّةِ السُّدُسَ إذَا لَمْ يَكُنْ دُونَهَا أُمٌّ "
"The paternal and maternal grandmothers receive only one-sixth, provided that the mother of the deceased is not alive."
Reference: Sunan Abi Dawood, Al-Fara'id, Chapter on Inheritance, Hadith:2895
③ Full sister, uterine sister, and consanguine sister
Allah Almighty has said:
﴿وَإِن كانَ رَجُلٌ يورَثُ كَلـٰلَةً أَوِ امرَأَةٌ وَلَهُ أَخٌ أَو أُختٌ فَلِكُلِّ وٰحِدٍ مِنهُمَا السُّدُسُ...﴿١٢﴾... سورة النساء
"And those whose inheritance is taken are a man or a woman who is a kalalah (has neither father nor son), and he has one brother or one sister, then each of them has one-sixth."
Reference: An-Nisa:4/12
And also He said:
﴿يَستَفتونَكَ قُلِ اللَّهُ يُفتيكُم فِى الكَلـٰلَةِ إِنِ امرُؤٌا۟ هَلَكَ لَيسَ لَهُ وَلَدٌ وَلَهُ أُختٌ فَلَها نِصفُ ما تَرَكَ وَهُوَ يَرِثُها إِن لَم يَكُن لَها وَلَدٌ فَإِن كانَتَا اثنَتَينِ فَلَهُمَا الثُّلُثانِ مِمّا تَرَكَ وَإِن كانوا إِخوَةً رِجالًا وَنِساءً فَلِلذَّكَرِ مِثلُ حَظِّ الأُنثَيَينِ يُبَيِّنُ اللَّهُ لَكُم أَن تَضِلّوا وَاللَّهُ بِكُلِّ شَىءٍ عَليمٌ ﴿١٧٦﴾... سورة النساء
"They ask you for a ruling. Say, Allah gives you a ruling concerning kalalah. If a man dies and leaves no child but has a sister, then for her is half of what he leaves. And he inherits from her if she has no child. But if there are two sisters, then for them is two-thirds of what he leaves. If there are both brothers and sisters, then the share of the male is twice that of the female. Allah makes clear to you so that you do not go astray. And Allah is Knowing of all things."
Reference: An-Nisa:4/176
④ Wife
Allah Almighty said:
﴿وَلَهُنَّ الرُّبُعُ مِمّا تَرَكتُم إِن لَم يَكُن لَكُم وَلَدٌ ...﴿١٢﴾... سورة النساء
"And for the spouses is a quarter of what you leave if you have no child."
Reference: An-Nisa:4/12
⑤ Woman who frees a slave
The Prophet Muhammad (peace be upon him) said:
"إِنَّمَا الْوَلَاءُ لِمَنْ أَعْتَقَ"
"Al-Wala' belongs to the one who frees (the slave)."
Reference: Sahih al-Bukhari, Zakat, Chapter on Charity to the Freed Slaves of the Wives of the Prophet (peace be upon him), Hadith 1493. Sahih Muslim, Kitab al-‘Itq, Chapter on the Explanation of Al-Wala’, Hadith 1504
These are the men and women whom Islam has declared as heirs. In more detail, the number of male heirs reaches fifteen and the number of female heirs reaches ten. The complete details are available in large and detailed books.
Types of Heirs According to Becoming an Heir
According to becoming an heir, heirs are of three types:
① Ashab al-Furood (Those with fixed shares)
Those people whose shares are fixed by Shariah. Their shares can only increase in the case of 'Radd' (return) and decrease only in the case of 'Awl' (proportional reduction).
② Asabat (Residuaries)
Those heirs who take the remaining estate after the Ashab al-Furood have received their shares. If there is only one Asib (residuary), he takes the entire estate.
③ Dhawu al-Arham (Those related by womb)
These are the relatives who become heirs only when Ashab al-Furood (except spouses) and Asabat are not present.
The number of heirs entitled to fixed shares (As'hab al-Furood) is twelve. Among them, four are men: father, grandfather, husband, and paternal brother. And eight are women: mother, paternal grandmother, maternal grandmother, wife, daughter, granddaughter, paternal sister, uterine sister, and consanguine sister.
Now, the details of the shares of each heir entitled to fixed shares are mentioned.
Inheritance of Husband and Wife
Husband's Share
The husband inherits half of the estate, provided the deceased wife has no children or descendants of sons. And if the deceased wife has her own children or descendants of sons, then the husband is entitled to one-quarter (one-fourth).
Reference: The wife's children, whether from the current husband or a previous husband.
Allah Almighty has said:
﴿وَلَكُم نِصفُ ما تَرَكَ أَزوٰجُكُم إِن لَم يَكُن لَهُنَّ وَلَدٌ فَإِن كانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمّا تَرَكنَ مِن بَعدِ وَصِيَّةٍ يوصينَ بِها أَو دَينٍ...﴿١٢﴾... سورةالنساء
"If you leave wives behind who have no child, then half of what you leave is theirs." And if they have children, then one-fourth of what you leave is theirs, after the payment of any bequest they may have made or any debt.
Reference: An-Nisa: 4:12
Wife's Share
Whether there is one wife or more, if the deceased husband has no children or grandchildren, then all the wives together will receive one-fourth share. And if the husband has children or grandchildren, then all the wives together will receive one-eighth share.
Reference: The husband's children may be from the wife or from another wife, whether alive or deceased. (Saarim)
Allah Almighty has said:
﴿وَلَهُنَّ الرُّبُعُ مِمّا تَرَكتُم إِن لَم يَكُن لَكُم وَلَدٌ فَإِن كانَ لَكُم وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمّا تَرَكتُم مِن بَعدِ وَصِيَّةٍ توصونَ بِها أَو دَينٍ ...﴿١٢﴾... سورةالنساء
"And for the spouses is a quarter if you leave no child. But if you leave a child, then for them is an eighth of what you leave after any bequest you [may have] made or debt."
Reference: An-Nisa:4/11
Inheritance of Father and Grandfather
If the deceased's father is present, then the grandfather is deprived of inheritance.
Whether it is the father or grandfather, if the deceased has male offspring, such as a son or grandson, he will receive one-sixth as a fixed share, whether the deceased also has female offspring or not. Allah Almighty says:
﴿ وَلِأَبَوَيهِ لِكُلِّ وٰحِدٍ مِنهُمَا السُّدُسُ مِمّا تَرَكَ إِن كانَ لَهُ وَلَدٌ... ﴿١١﴾... سورة النساء
"And for the parents of the deceased, each one of them has a sixth of what he leaves behind, if he has children."
Reference: An-Nisa:4/11
And if the deceased has no children, neither son nor daughter nor grandson nor granddaughter, then the father or grandfather will take the entire remaining inheritance as 'Asabah. The evidence for this is the statement:
﴿وَلَدٌ فَإِن لَم يَكُن لَهُ وَلَدٌ وَوَرِثَهُ أَبَواهُ فَلِأُمِّهِ الثُّلُثُ...﴿١١﴾... سورة النساء
"And if the deceased has no children and the parents inherit, then for the mother is one-third."
Reference: An-Nisa:4/11
In this verse, the parents are declared heirs, then the mother's share is specified, while the father's share is not mentioned separately. From this, it is understood that the father will take the entire remaining estate as 'Asabah.
If the deceased has only female offspring, for example one or more daughters or granddaughters, then the father or grandfather will receive a sixth as a fixed share and the remaining estate as 'Asabah. The evidence for this is the saying of the Prophet Muhammad (peace be upon him):
"أَلْحِقُوا الْفَرَائِضَ بِأَهْلِهَا، فَمَا بَقِيَ فَهُوَ لأَوْلَى رَجُلٍ ذَكَرٍ"
"Give the shares to the heirs as prescribed. Then whatever remains, give it to the nearest male relative (Asabah)."
Reference: Sahih al-Bukhari, Al-Fara'id, Chapter on Inheritance of Son, Daughter, and Mother, Hadith 6732. Sahih Muslim, Al-Fara'id, Chapter on Inheritance by Proximity, Hadith 1615
Because after the son and grandson, the father is the nearest male relative.
Thus, the father has three conditions:
✔ If a son or grandson is present, he will only be a prescribed heir (Sahib al-Fard).
✔ If there is no son or grandson, he will only be an Asabah (nearest male relative).
✔ If there is only a daughter or granddaughter, he will be both a prescribed heir and an Asabah.
The grandfather is subject to the same three conditions as the father, when the father is not present. This is supported by the texts of Shariah.
The issue of grandfather and brothers
In the case of the grandfather, a fourth additional condition arises, which is: if the grandfather is an heir and at the same time the deceased has full-blood or paternal siblings, will the grandfather exclude them as the father does, or will the grandfather take a share equal to one brother? There is a difference of opinion among scholars on this issue.
The first opinion
A group of scholars holds the opinion that the grandfather will receive a share equal to that of a brother, because both are related to the deceased through the father. The grandfather himself is the father, and the brother is the son of the father, therefore both will be equal in inheritance. Among the Companions, Sayyiduna Ali, Sayyiduna Abdullah bin Mas'ud, and Sayyiduna Zaid bin Thabit (may Allah be pleased with them) held this same opinion. Among the Imams, Imam Malik, Imam Shafi'i, Imam Ahmad, Imam Abu Yusuf, and Imam Muhammad Shibani (may Allah have mercy on them) also adopted this view. These scholars supported their position with various evidences, explanations, and analogies, the details of which are found in extensive books.
Second Opinion
The other party's view is that the grandfather, like the father, excludes siblings from inheritance. This opinion is held by Sayyiduna Abu Bakr Siddiq, Sayyiduna Ibn Abbas, Sayyiduna Ibn Zubair, Sayyiduna Uthman, Sayyida Aisha, Sayyiduna Abi bin Ka'b, and Sayyiduna Jabir (may Allah be pleased with them). Imam Abu Hanifa (may Allah have mercy on him) follows this school of thought, and there is also a narration from Imam Ahmad that aligns with this view.
Sheikh al-Islam Ibn Taymiyyah, Imam Ibn Qayyim, and Sheikh Muhammad bin Abdul Wahhab, may Allah have mercy on them, have also adopted the same position. There are strong and numerous arguments in its favor, which is why, in our view, this opinion is stronger than the first opinion.
Reference: Whoever is knowledgeable and seeks detailed understanding of this issue should study "Tafheem al-Mawaarith". (Saarim)
Mother's Inheritance
There are three cases for the mother's share:
① One-sixth in two cases
The mother receives one-sixth in two cases:
✔ When the deceased has heirs who are children, whether male or female, or descendants of a son are present.
✔ When the deceased has two or more siblings, whether they become heirs or not.
Allah Almighty said:
﴿وَلِأَبَوَيهِ لِكُلِّ وٰحِدٍ مِنهُمَا السُّدُسُ مِمّا تَرَكَ إِن كانَ لَهُ وَلَدٌ فَإِن لَم يَكُن لَهُ وَلَدٌ وَوَرِثَهُ أَبَواهُ فَلِأُمِّهِ الثُّلُثُ فَإِن كانَ لَهُ إِخوَةٌ فَلِأُمِّهِ السُّدُسُ ...﴿١١﴾... سورة النساء
"And for the parents of the deceased, each one of them is a sixth of what he leaves if he has children. But if he has no children and the parents inherit, then for his mother is a third. But if he has brothers, then for his mother is a sixth."
Reference: An-Nisa: 4/11
② One-third of the total estate
If there is neither offspring of the deceased, nor offspring of the son, nor two or more siblings, then the mother will receive one-third of the entire estate. This is supported by the following verse:
﴿فَإِن لَم يَكُن لَهُ وَلَدٌ وَوَرِثَهُ أَبَواهُ فَلِأُمِّهِ الثُّلُثُ فَإِن كانَ لَهُ إِخوَةٌ فَلِأُمِّهِ السُّدُسُ ...﴿١١﴾... سورة النساء
"So if there are no children and the parents inherit, then for the mother is one-third. But if the deceased has brothers, then for the mother is one-sixth."
Reference: An-Nisa:4/11
③ One-third of the remainder
The mother receives one-third of the remaining estate in two well-known cases, which are called Umar Yateem:
(a) Husband, mother, and father
(b) Wife, mother, and father
These cases are called Umar Yateem because Hazrat Umar ibn al-Khattab (may Allah be pleased with him) ruled that in the presence of either spouse, the mother will receive one-third of the remainder.
Sheikh al-Islam Ibn Taymiyyah, may Allah have mercy on him, states that the ruling of one-third of the remainder for the mother is very correct, because the Qur'an has given the mother one-third when only the parents are the heirs. When one of the spouses is included, first their share will be given, then the remaining wealth will be divided among the parents according to the same principle, just as the remaining wealth is divided after the payment of debts or bequests. Thus, the remaining wealth will be divided into three parts: one for the mother and two for the father.
Reference: Majmoo' al-Fatawa: 16/197-198, adapted
Inheritance of the True Grandmother (Paternal or Maternal Grandmother)
The true grandmother is a woman who does not have kinship with the deceased through a corrupt grandfather. For example, the maternal grandmother's maternal grandmother, the paternal grandmother's paternal grandmother, etc.
And if a woman is related to the deceased through a link involving a corrupt grandfather, she is called a corrupt grandmother and does not become an heir, because she falls under the category of distant relatives, such as the maternal grandfather's mother.
Reference: A corrupt grandfather is one whose link with the deceased is through a woman, for example: the maternal grandfather's or paternal grandmother's father, etc. (Saarim)
Identification of the True Grandmother
The rule for a grandmother who can be an heir is that her relation to the deceased is either only through women, such as maternal grandmother's maternal grandmother, or only through men, such as paternal grandmother's paternal grandmother.
And the rule for a grandmother who does not become an heir is that there is a man between two women in her kinship, such as the mother of the mother's father.
In summary, every valid grandmother is an heir, and every invalid grandmother is not an heir.
The evidence for the grandmother being an heir
Its evidence is the Sunnah and consensus.
Hazrat Qabeesa bin Zuaib رضي الله تعالى عنه narrates that a grandmother came to Sayyiduna Abu Bakr Siddiq رضي الله تعالى عنه and asked about her share of inheritance. Sayyiduna Abu Bakr رضي الله تعالى عنه said: In the Book of Allah, no share is mentioned for you, and to my knowledge, in the Sunnah of the Prophet, your share is also not known. You should go back; I will inquire from the people. Then, when the companions were asked, Hazrat Mughirah bin Shu'bah رضي الله تعالى عنه said that he was present in the gathering in which the Messenger of Allah صلى الله عليه وسلم gave the grandmother a sixth share. Sayyiduna Abu Bakr رضي الله تعالى عنه asked: Is there anyone else with you who can testify to this? Then Muhammad bin Muslimah رضي الله تعالى عنه stood up and said the same. Accordingly, Sayyiduna Abu Bakr رضي الله تعالى عنه implemented this decision in favor of the grandmother.
Reference: (Weak) Sunan Abi Dawood Al-Fara'id, chapter on the grandmother, hadith 2894; Jami' at-Tirmidhi Al-Fara'id, chapter on what has been narrated about the inheritance of the grandmother, hadith 2101; Sunan Ibn Majah Al-Fara'id, chapter on the grandmother, hadith 2724; and Musnad Ahmad 2254, 226
Then during the caliphate of Sayyiduna Umar رضي الله تعالى عنه, a grandmother came and asked about inheritance, and he said: In the Book of Allah, there is no separate share for you, and the ruling that has already been made was for your other same kind. I cannot add anything to the inheritance from my side, however, it is the same one-sixth share; if both of you (grandmother and maternal grandmother) are present together, it will be divided between you both, and if only one is present, then that one will receive the whole share.
Reference: (Weak) Sunan Abi Dawood Al-Fara'id, Chapter on Grandmother, Hadith 2894 and Jami' at-Tirmidhi Al-Fara'id, Chapter on What Has Been Related About the Inheritance of the Grandmother, Hadith 2101. Sunan Ibn Majah Al-Fara'id, Chapter on Grandmother, Hadith 2724. Musnad Ahmad 2254, 226
Similarly, it is narrated from Sayyiduna Buraydah رضي الله تعالى عنه that the Messenger of Allah صلى الله عليه وسلم assigned one-sixth share for the grandmother, provided that the mother of the deceased is not present.
Reference: (Weak) Sunan Abi Dawood Al-Fara'id, Chapter on Grandmother, Hadith 2895
From these narrations, it is understood that a grandmother is entitled to one-sixth. When Sayyiduna Abu Bakr and Sayyiduna Umar رضي الله تعالى عنهما said that its share is not mentioned in the Book of Allah, the reason is that the mother mentioned in the Qur'an refers to the close mother, not every woman who can be called a mother linguistically. Thus, although paternal and maternal grandmothers are called mothers, they are not included in this inheritance ruling, whereas they are included in the verse regarding the prohibition of marriage, such as:
"حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ"
Reference: Majmu' al-Fatawa: 31/352
Consensus
The inheritance of the grandmother is established by the consensus of the Ummah. There is no disagreement among scholars regarding the inheritance rights of the maternal and paternal grandmothers, but there is a difference of opinion concerning other grandmothers. According to Sayyiduna Ibn Abbas رضي الله تعالى عنه and a group of scholars, whether there is one grandmother of the same degree or more, all are heirs. However, a corrupt grandmother is not considered an heir even according to them. Some scholars have considered three grandmothers as heirs: maternal grandmother, paternal grandmother, and the father's grandmother.
Condition
One condition for a grandmother to be an heir is that the mother must be deceased, because the mother is the intermediary between the deceased and the grandmother, and as a principle, the closer relative excludes the more distant one, unless the Shariah has exempted someone.
Reference: For example: uterine brothers and uterine sisters become heirs even in the presence of the mother, although she is the intermediary. (Saarim)
Scholars have consensus that the mother excludes all grandmothers.
Division among grandmothers
✔ If there is only one grandmother and the deceased's mother is not present, she will receive one-sixth.
✔ The grandmother's share cannot be more than one-sixth. Some scholars have said that if there are no children and two or more siblings, the grandmother receives one-third, but this opinion is rare and unreliable.
✔ If there are multiple grandmothers of the same degree, they will share equally in the one-sixth.
✔ If there are grandmothers of different degrees, the closer one will inherit and the more distant one will be excluded, whether the relation is from the mother's side or the father's side.
✔ The deceased's paternal grandmother inherits even in the presence of the deceased's father. Similarly, the paternal grandmother of the grandfather inherits in the presence of the grandfather. This is an exception to the general rule. It is narrated from Ibn Mas'ud (may Allah be pleased with him) that the Prophet Muhammad (peace be upon him) gave the grandmother one-sixth in the presence of the father.
Reference: (Weak) Jami' at-Tirmidhi, Inheritance, Chapter on the inheritance of the grandmother with her son, Hadith 2102
The reason given is that the granddaughter does not inherit on behalf of her intermediary because she is not deprived in the presence of the intermediary.
Reference: It is narrated from Hazrat Ali (may Allah be pleased with him) and Zaid bin Thabit (may Allah be pleased with him) that they did not make the granddaughter an heir in the presence of her son (the deceased's father). (Saarim)
Sheikh al-Islam Ibn Taymiyyah (may Allah have mercy on him), while explaining this principle, said that it is not correct that whoever inherits through an intermediary is always deprived in the presence of that intermediary. Because sometimes, despite the presence of the intermediary, the heir takes a share, such as full siblings in the presence of the mother. And sometimes there is no intermediary, yet a closer relative deprives a more distant one, such as a grandson depriving an uncle. The fundamental general rule is that every person is excluded who is in the presence of a closer person.
Reference: Majmoo' al-Fatawa 16/204
Inheritance of Daughter and Granddaughter
① A single daughter’s half share
When there is only one daughter, she is entitled to half of the inheritance under two conditions:
✔ She should not have any other daughter.
✔ She should not have any brother who would act as an 'asaba' (residuary heir) for her.
Her evidence is this verse:
﴿يوصيكُمُ اللَّهُ فى أَولـٰدِكُم لِلذَّكَرِ مِثلُ حَظِّ الأُنثَيَينِ فَإِن كُنَّ نِساءً فَوقَ اثنَتَينِ فَلَهُنَّ ثُلُثا ما تَرَكَ وَإِن كانَت وٰحِدَةً فَلَهَا النِّصفُ... ﴿١١﴾... سورة النساء
"Allah commands you concerning your children: the male shall have the equal share of two females. But if there are only daughters and more than two, then they shall receive two-thirds of the inheritance. And if there is only one daughter, then she shall have half."
Reference: An-Nisa:4/11
From Allah's command (وَإِن كَانَتْ وَاحِدَةً) it is established that being alone is a condition, and from (لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ) it is understood that if a brother is present, she will become an 'asaba'.
② Half for a granddaughter
There are three conditions for a granddaughter to receive half the inheritance:
✔ There should be no 'asib' (residuary heir) with her, such as her brother or a cousin of the same degree.
✔ There should be no other granddaughter of the same degree with her.
✔ There should be no closer offspring of the deceased present, such as a daughter.
③ Two or more daughters
If there are two or more daughters, they are entitled to two-thirds with two conditions:
✔ The number is two or more.
✔ There is no agnate heir, i.e., a son from the same father.
Evidence:
﴿يوصيكُمُ اللَّهُ فى أَولـٰدِكُم لِلذَّكَرِ مِثلُ حَظِّ الأُنثَيَينِ فَإِن كُنَّ نِساءً فَوقَ اثنَتَينِ فَلَهُنَّ ثُلُثا ما تَرَكَ... ﴿١١﴾... سورة النساء
"Allah commands you concerning your children: the share of a male is equal to that of two females. And if there are only daughters and more than two, then they shall have two-thirds of the inheritance."
Reference: An-Nisa:4/11
Although the apparent meaning of the verse suggests "two or more" in the phrase "two or more daughters," according to the majority, the share of two daughters is also two-thirds. The evidence is the narration of Sayyiduna Jabir (may Allah be pleased with him) that the wife of Saad bin Rabi (may Allah be pleased with him) came to the Messenger of Allah (peace be upon him) with her two daughters and said that their uncle had taken all the wealth. Then the verse of inheritance was revealed, and the Prophet (peace be upon him) said:
"سعد رضی اللہ تعالیٰ عنہ کی ان دونوں بیٹیوں کو ترکہ کی دو تہائی دو اور ان کی والدہ(سعد کی بیوہ) کو آٹھواں حصہ ادا کرو پھر جو باقی بچے گا وہ تمہارا ہے۔"
Reference: Jami` at-Tirmidhi, Book of Inheritance, Chapter on what has been revealed about the inheritance of daughters, Hadith: 2092; Sunan Abi Dawood, Book of Inheritance, Chapter on what has been revealed about the inheritance of agnates, Hadith: 2891, 2892; Sunan Ibn Majah, Inheritance, Chapter on the inheritance of agnates, Hadith: 2720; Musnad Ahmad: 3/352
This hadith is also an exegesis of the verse under discussion and its reason for revelation. Therefore, the majority opinion is stronger that two daughters are entitled to two-thirds.
④ Two or more granddaughters
Two granddaughters are also entitled to two-thirds just like two daughters, whether both are biological or step-granddaughters, or two cousins of the same degree. They are analogized to real daughters. For this, three conditions must be met:
✔ There must be two or more.
✔ No residuary heir (Asib) should be present.
✔ No descendants of a higher degree should be present, such as a son, daughter, or grandson.
Inheritance of uterine and consanguine sisters
Allah Almighty has clarified the shares of uterine and paternal sisters at the end of Surah An-Nisa:
﴿يَستَفتونَكَ قُلِ اللَّهُ يُفتيكُم فِى الكَلـٰلَةِ إِنِ امرُؤٌا۟ هَلَكَ لَيسَ لَهُ وَلَدٌ وَلَهُ أُختٌ فَلَها نِصفُ ما تَرَكَ وَهُوَ يَرِثُها إِن لَم يَكُن لَها وَلَدٌ فَإِن كانَتَا اثنَتَينِ فَلَهُمَا الثُّلُثانِ مِمّا تَرَكَ وَإِن كانوا إِخوَةً رِجالًا وَنِساءً فَلِلذَّكَرِ مِثلُ حَظِّ الأُنثَيَينِ يُبَيِّنُ اللَّهُ لَكُم أَن تَضِلّوا وَاللَّهُ بِكُلِّ شَىءٍ عَليمٌ ﴿١٧٦﴾... سورةالنساء
"They ask you for a ruling. Say, Allah gives you a ruling concerning kalalah. If a person dies who has no child but has one sister, then for her is half of what he leaves, and he (the deceased) will be the heir of that sister if he has no children. So if there are two sisters, they will share two-thirds of the inheritance. And if there are several persons related in this way, both men and women, then the male shall have the share of two females. Allah makes clear to you so that you do not go astray, and Allah is Knowing of all things."
Reference: An-Nisa:4/176
The inheritance of uterine sisters is mentioned at the beginning of the Surah:
﴿ إِنِ امرُؤٌا۟ هَلَكَ لَيسَ لَهُ وَلَدٌ وَلَهُ أُختٌ فَلَها نِصفُ ما تَرَكَ وَهُوَ يَرِثُها إِن لَم يَكُن لَها وَلَدٌ فَإِن كانَتَا اثنَتَينِ فَلَهُمَا الثُّلُثانِ مِمّا تَرَكَ ... ﴿١٧٦﴾... سورة النساء
"And for those from whom the inheritance is taken, whether male or female, if they are kalalah (no father or son) and have one brother or one sister, then for each of them is a sixth, and if there are more than two, they share a third collectively."
Reference: An-Nisa:4/12
① Half for a full sister
A full sister will be entitled to half of the inheritance, provided that:
✔ There is no full brother with her.
✔ She is alone.
✔ The deceased's father is not present, and according to the correct opinion, neither is the grandfather.
✔ The deceased has no heirs from offspring.
② Half for a uterine sister
A uterine sister will also receive half of the inheritance, but with five conditions:
✔ There is no uterine brother with her.
✔ She is alone.
✔ The deceased's father is not present.
✔ The deceased has no offspring.
✔ There is no full brother or full sister of the deceased present.
③ Two or more full sisters share two-thirds
Allah Almighty has said:
﴿فَإِن كانَتَا اثنَتَينِ فَلَهُمَا الثُّلُثانِ مِمّا تَرَكَ ... ﴿١٧٦﴾... سورة النساء
"So if there are two sisters, they shall have two-thirds of what the deceased left"
Reference: An-Nisa:4/176
The conditions for this are:
✔ There are two or more.
✔ There is no brother who would take the role of 'Asabah (residuary).
✔ The deceased has no heirs from offspring.
✔ The deceased's father and grandfather are not present.
④ Two or more uterine sisters share two-thirds
If there are two or more uterine sisters, they are entitled to two-thirds, because they are unanimously included in the generality of the verse of Kallalah. But this is only when the same four conditions exist that were stated for full sisters, and the fifth condition is that there are no full brothers or full sisters present.
If there is one full brother or two full sisters, then the uterine sisters will be deprived, except if there are uterine brothers with them, then they will become 'Asabah.
⑤ One full sister with a uterine sister's sixth
If one full sister is taking half, and with her there is one or more uterine sisters, then the uterine sister or sisters will take one-sixth so that the two-thirds is completed. There is consensus among the scholars on this, and this issue is analogized to the granddaughter's sixth.
⑥ One daughter with one or more granddaughters
If there is one daughter and one or more granddaughters with her, the daughter will receive half and the granddaughters will receive one-sixth, so that two-thirds is completed. Sayyiduna Ibn Mas'ud رضي الله تعالى عنه made this ruling and said:
"رسول اللہ صلی اللہ علیہ وسلم نے فیصلہ کیاکہ بیٹی کے لیے نصف ہے اور پوتی کے لیے چھٹا حصہ ہے دوثلث مکمل کرتے ہوئے اور جو بچ جائے وہ بہن کا ہے۔"
Reference: Sahih al-Bukhari, Inheritance, Chapter: Inheritance of a Daughter with a Daughter's Daughter, Hadith: 6736
The Share of Sisters in the Presence of Daughters
If the deceased leaves one or more daughters along with one or more full sisters or paternal sisters, the daughters will take their fixed share, that is two-thirds, and what remains will, according to the majority of the Companions and the Tabi'in, go to the full sisters as 'asaba with others, and if they are not present, then to the paternal sisters.
The evidence for this is the narration in Sahih al-Bukhari:
"سئل أبو موسى عن بنت وابنة ابن وأخت فقال للبنت النصف وللأخت النصف وأت ابن مسعود فسيتابعني فسئل ابن مسعود وأخبر بقول أبي موسى فقال لقد ضللت إذا وما أنا من المهتدين أقضي فيها بما قضى النبي صلى الله عليه وسلم للابنة النصف ولابنة ابن السدس تكملة الثلثين وما بقي فللأخت "
It was asked from Sayyiduna Abu Musa Ash'ari (may Allah be pleased with him) how the inheritance would be divided among a daughter, granddaughter, and sister. He said: The daughter and sister will each receive half of the inheritance, and the granddaughter will be excluded. Then he told the questioner to ask the same question from Sayyiduna Ibn Mas'ud (may Allah be pleased with him) and also inform him of my fatwa, hoping that he would support me. Upon hearing this fatwa, Sayyiduna Ibn Mas'ud (may Allah be pleased with him) said: If I also give this fatwa, I would be misguided and not rightly guided. I will give the decision that the Messenger of Allah (peace be upon him) gave, that the daughter's share is half and the granddaughter's share is one-sixth (so that the two-thirds are complete), while the remaining inheritance (one-third) belongs to the sister.
Reference: Sahih al-Bukhari, Al-Fara'id, Chapter on Inheritance of Daughter, Son of Son's Daughter, Hadith 6736
This narration clarifies that when the daughter and granddaughter take their fixed shares, the remaining inheritance goes to the sister as 'Asaba.
Inheritance of Full Siblings
① One full brother or sister
If there is only one full brother or one full sister, he or she will receive one-sixth share.
② More than one agnatic siblings
If there are more than one, they collectively receive one-third, and both male and female share equally in it. Allah Almighty says:
﴿وَإِن كانَ رَجُلٌ يورَثُ كَلـٰلَةً أَوِ امرَأَةٌ وَلَهُ أَخٌ أَو أُختٌ فَلِكُلِّ وٰحِدٍ مِنهُمَا السُّدُسُ فَإِن كانوا أَكثَرَ مِن ذٰلِكَ فَهُم شُرَكاءُ فِى الثُّلُثِ ...﴿١٢﴾... سورة النساء
"And for those from whom the inheritance is taken, whether male or female, who are kinsmen (having no father or son), and who have one brother or one sister, then each of them shall have one-sixth; but if there are more than two, they share one-third altogether."
Reference: An-Nisa:4/12
The consensus of scholars is that this verse refers to agnatic brothers and sisters. Also, in the recitations of Sayyiduna Ibn Mas'ud and Sayyiduna Sa'd bin Abi Waqqas (may Allah be pleased with them), these words have appeared:
"وله أخ أو أخت من أم"
Allama Ibn Qayyim (may Allah have mercy on him) stated that this meaning is more consistent with the Quran's indicative and analogical principles, that in this case males and females are equal.
③ Conditions for receiving one-sixth
Agnatic brothers and sisters receive one-sixth when:
✔ No descendants (children) of the deceased exist.
✔ No father or grandfather exists.
✔ There is only one agnatic brother or sister.
④ Conditions for receiving one-third
Full siblings take one-third when:
✔ They are two or more.
✔ There are no children as heirs.
✔ The father or grandfather is not present.
⑤ Special Rules
Some special rules for full siblings are:
✔ Males and females take equal shares among them.
✔ They inherit even in the presence of the mother, although the mother is the link between them and the deceased.
✔ These siblings reduce the mother's share from one-third to one-sixth, provided there are two or more. One brother or one sister does not affect the mother's share.
✔ They inherit along with their mother, whereas many other heirs do not inherit in the presence of their closest link.
The wisdom behind this is probably that their relationship is only through the mother, and in this relationship, males and females are equal, so there is no reason for preference here.
Explanation of Asabat (Residuary Heirs)
Asabah is derived from Asb, which means to bind, surround, and strengthen. A turban is called Asaib because it surrounds the head. Asib is its singular form. This word is used for singular, dual, plural, masculine, and feminine.
In the terminology of Islamic inheritance law, Asib is the heir who has no fixed share. If he is alone, he takes the entire estate, and if he is with the owners of fixed shares, then after giving the fixed shares to the owners, he takes the remaining inheritance. The evidence for this is the Prophetic hadith:
"أَلْحِقُوا الْفَرَائِضَ بِأَهْلِهَا، فَمَا بَقِيَ فَهُوَ لأَوْلَى رَجُلٍ ذَكَرٍ"
"Give the owners of fixed shares their shares, then whatever remains, give it to the nearest male relative (Asib)."
Reference: Sahih al-Bukhari, Al-Fara'id, Chapter on Inheritance of Son and Mother, Hadith 6732. Sahih Muslim, Al-Fara'id, Chapter on Inheritance, Hadith 1615
Types of Asabah
① Asabah by itself
This includes those males whose inheritance is unanimously agreed upon, except the husband and the brother from the same mother. These are fourteen individuals:
✔ Son
✔ Grandson downwards
✔ Father
✔ Grandfather
✔ Full brother
✔ Full nephews
✔ Uterine brother
✔ Uterine nephews
✔ Full paternal uncle
✔ Sons of full paternal uncle
✔ Uterine paternal uncle
✔ Sons of uterine paternal uncle
✔ Liberator (one who frees a slave)
✔ Female liberator
② Asaba Bil Ghair
Every obligatory heir woman who, together with her brother, forms an asaba. These are four women:
✔ Daughter, when with her brother, i.e., the son of the deceased.
✔ Granddaughter, when with her equivalent grandson, whether he is her brother or the son of her uncle or of a lower degree.
The proof for these two is the command of Allah Almighty:
﴿يوصيكُمُ اللَّهُ فى أَولـٰدِكُم لِلذَّكَرِ مِثلُ حَظِّ الأُنثَيَينِ...﴿١١﴾... سورة النساء
"Allah commands you concerning your children: the share of a male is equal to that of two females."
Reference: An-Nisa:4/11
✔ Full sister, when with a full brother.
✔ Uterine sister, when with a uterine brother.
The proof for these two is this verse:
﴿ وَإِن كانوا إِخوَةً رِجالًا وَنِساءً فَلِلذَّكَرِ مِثلُ حَظِّ الأُنثَيَينِ... ﴿١٧٦﴾... سورة النساء
"And if there are siblings, both males and females, then the male shall have the equivalent of the portion of two females."
Reference: An-Nisa:4/176
③ Asaba Ma’ al-Ghair
These are two types of women:
✔ Full sister
✔ Uterine sister
Both of these, together with a daughter or granddaughter, form an 'asaba' (agnate heirs), provided there is no full brother or full siblings whose presence would change the ruling. The evidence for this is the decision of Sayyiduna Ibn Mas'ud (may Allah be pleased with him) mentioned in Sahih Bukhari.
Reference: Sahih al-Bukhari, Al-Fara'id, Chapter on Inheritance of Daughter, Son of Son, Daughter, Hadith 6736
Ruling of Asaba
✔ If an asaba is alone among themselves, he will take the entire estate.
Allah Almighty said:
"وَهُوَ يَرِثُهَا إِن لَّمْ يَكُن لَّهَا وَلَدٌ ۚ "
"And the brother shall be the heir of the sister if she has no child."
Reference: An-Nisa:176:4
✔ If there is a sharer (owner of a fixed share) along with them, then after giving the sharer their fixed share, the remaining estate will be taken by the asaba.
✔ If after giving the sharers their shares nothing remains, then the asaba will be deprived.
Directions of Asaba
There are five directions of asaba:
① Banut: Son, grandson, great-grandson, etc.
② Abut: Father, grandfather, great-grandfather
③ Akhut: Full brother, half-brother, and their sons
④ Amumat: Full uncle, half-uncle, and their sons
⑤ Wala: Kinship arising from manumission
Proof of Wala:
"إِنَّمَا الْوَلَاءُ لِمَنْ أَعْتَقَ"
"Wala belongs to the one who frees (the slave)."
Reference: Sahih al-Bukhari, Al-Buyu', Chapter on Buying and Selling with Women, Hadith: 2155, and Sahih Muslim, Al-'Itq, Chapter explaining that Wala is for the one who manumits, Hadith: 1504
Preference among multiple kinship groups
If two or more kinship groups are present:
✔ If the degree, rank, and strength are equal, all will share equally.
✔ If the degree differs, preference is given to the closer degree, for example, a son is preferred over a father.
✔ If the degree is the same but the rank differs, the nearer rank is preferred, for example, a son is preferred over a grandson.
✔ If the degree and rank are the same but the strength differs, the stronger relationship is preferred, for example, a full brother is preferred over a half-brother.
Explanation of Hujub (Exclusion)
In the knowledge of inheritance, disqualification (Hijb) is a very important chapter, because it is through this knowledge that it is determined who is an heir and who is deprived. If this chapter is not known, it is possible that a non-heir is made an heir and an heir is made a non-heir. Therefore, some experts in inheritance laws have said that it is forbidden for a person unfamiliar with disqualification to issue a fatwa on inheritance matters.
In the lexicon, the meaning of disqualification (Hijb) is: to stop, to forbid, to veil. The Holy Quran states:
"كَلَّا إِنَّهُمْ عَن رَّبِّهِمْ يَوْمَئِذٍ لَّمَحْجُوبُونَ"
"Never! On that Day, they will be veiled from their Lord."
Reference: (Al-Mutaffifin:15:83)
In terminology, disqualification (Hijb) means that one heir is either completely deprived of their share or their share is reduced due to the presence of another heir.
Two types of disqualification (Hijb):
① Disqualification by Attributes
When a person possesses any disqualifying factor among the impediments to inheritance, such as slavery, murder, or difference in religion, they do not become an heir. It is as if their existence is equivalent to non-existence.
② Disqualification by Persons
When one heir is affected because of another heir.
It has two types:
✔ Hujb Hirman: Complete deprivation
✔ Hujb Nuqsan: Receiving a smaller share instead of a larger one
Seven types of Hujb of persons
① One heir takes a smaller share as a compulsory heir due to another, such as a husband taking a quarter instead of half because of the children.
② An 'Asabah takes less due to another heir, such as a sister becoming an 'Asabah with others instead of an 'Asabah without others.
③ A compulsory heir takes less by becoming an 'Asabah, such as a daughter becoming an 'Asabah with her brother and taking less.
④ An 'Asabah takes less by becoming a compulsory heir, such as a father becoming a compulsory heir instead of an 'Asabah in the presence of children.
⑤ A fixed share is divided among many participants, such as multiple wives.
⑥ The number of 'Asabah increases, such as having many sons.
⑦ Everyone's share decreases due to 'Awl (excessive inheritance claims).
Important rules of Hujb
✔ A relative who is connected to the deceased through another heir is generally excluded in the presence of that intermediary, such as a grandson in the presence of a son, a grandfather in the presence of a father, a paternal or maternal grandmother in the presence of the mother.
✔ Al-Aqrabu Fal-Aqrab: The closer relative will take precedence.
✔ Principles are excluded because of principles, such as a grandfather due to the presence of the father.
✔ Branches are excluded because of branches, such as a grandson due to the presence of the son.
✔ Margins are excluded due to principles, branches, and closer margins, such as an uncle in the presence of a father, son, or brother.
In conclusion, it is emphasized again that the chapter on exclusion (Hijb) is very important. For those issuing fatwas on inheritance matters, it is essential to thoroughly understand the rules and subtleties of this chapter so that the deserving are not deprived and the undeserving do not become heirs.
Rules of inheritance of brothers along with the grandfather
If the deceased has one or more siblings along with the grandfather, the well-known Imams, namely Imam Malik, Imam Shafi'i, and Imam Ahmad, may Allah have mercy on them, have adopted the stance of Sayyiduna Zaid bin Thabit, may Allah be pleased with him, in this matter. Abu Yusuf, Muhammad bin Hasan Shaybani, and other scholars also agree with this view.
The summary of this stance is that if the siblings sharing with the grandfather are only 'Ayni (real) heirs, or only 'Ilati (residual) heirs, or both types, then if there is only one type of sibling, the grandfather has two conditions:
① There is no obligatory heir along with the grandfather and siblings
In this case, there are three possibilities for the grandfather, and the one that is better will be chosen:
(1) Partitioning is better than one-third of the estate
Partitioning means that the grandfather is considered as one brother for the purpose of division. The rule is that the brother takes half or less than half of the estate from the grandfather. There are five cases of this:
✔ Grandfather and one sister
✔ Grandfather and one brother
✔ Grandfather and two sisters
✔ Grandfather and three sisters
✔ Grandfather, one brother, and one sister
In all these cases, partitioning is better in favor of the grandfather.
(2) Partitioning and one-third are equal
There are three cases of this:
✔ Grandfather and two brothers
✔ Grandfather, one brother, and two sisters
✔ Grandfather and four sisters
In these, both partitioning and one-third of the estate result in one-third for the grandfather.
At this point, scholars differ on whether the grandfather should be called 'Asaba' (residuary) here, or 'Sahib Fard' (obligatory heir), or both possibilities should be maintained. Some scholars have considered him a 'Sahib Fard' based on the one-third share, because inheriting as a 'Fard' is considered stronger than as an 'Asaba'.
(3) One-third of the estate is better than partitioning
In this case, the grandfather will take one-third as a 'Sahib Fard'. These cases are not limited, but the minimum examples are:
✔ Grandfather, two brothers, and one sister
✔ Grandfather and five sisters
✔ Grandfather, one brother, and three sisters
② Grandfather and brothers along with some 'Sahib Fard' as well
In this situation, there are seven different cases for the grandfather:
① The share by proportion is fixed
② One-third of the remainder is fixed
③ One-sixth of the total estate is better
④ The share by proportion and one-third of the remainder are equal
⑤ The share by proportion and one-sixth are equal
⑥ One-third of the remainder and one-sixth are equal
⑦ All three are equal
First case: The share by proportion is better
Example: Husband, grandfather, and brother
Here, the husband will get half, and the remaining half will be divided between the grandfather and the brother. Thus, the grandfather will get one-fourth, which is more than one-third of the remainder and one-sixth.
Solution:
2*2=4
Husband...1/2. Grandfather.1 Brother.1
Second case: One-third of the remainder is better
Example: Mother, grandfather, and five brothers
After giving the mother one-sixth, five parts remain. Giving the grandfather one-third of the remainder is better than the share by proportion and one-sixth.
Solution:
3*6=18
Mother.1.3. Grandfather.1 proper 2 divided by 3. 5.5 Brothers.3 proper 1 divided by 3. 2/10.
Third case: One-sixth is better
Example: Husband, mother, grandfather, and two brothers
In this case, one-sixth of the total estate is better for the grandfather than the other cases.
Solution:
2*6=12... Husband 3.6. Mother.1.2. Grandfather.1.2. 2 Brothers.1.1 divided by 2.
Fourth case: The share by proportion and one-third of the remainder are equal
Example: Mother, grandfather, and two brothers
Solution:
3*6=18
Mother: 1/3. Grandfather: 1 correct 2 shares 3/5. 2 brothers: 3 correct 1 share 3/5/10.
Fifth case: Equal division of one-fifth and one-sixth
Example: Husband, paternal grandmother, grandfather, and brother
Solution:
Total: 6. Husband: 3. Paternal grandmother: 1. Grandfather: 1. Brother: 1.
Sixth case: One-sixth and one-third remainder equal
Example: Husband, grandfather, and three brothers
Solution:
33=36=18.
Husband: 1/3/9. Grandfather: 1/1/3. 3 brothers: 2/6/2.
Seventh case: All three equal
Example: Husband, grandfather, and two brothers
Solution:
2*3=6
Husband: 1/3. Grandfather: 1 share 3/1. 2 brothers: 2 shares 3/2/1.
Explanation of Mu'ada
Earlier it was mentioned what the ruling is if with the grandfather there are only full brothers or only uterine brothers. Now it is mentioned that if with the grandfather both types of brothers, i.e., full and uterine, are present together, then what is Mu'ada.
In Mu'ada, the full brothers count the uterine brothers along with themselves to reduce the grandfather's share. When the grandfather takes his share, then the full brothers turn to the uterine brothers and also take back the property that has come into their hands. However, if there is one full sister, she will take her entire half, and if anything remains, it will go to the uterine brothers.
Maternal and paternal brothers are considered united in comparison to the grandfather because both are related through the father. Among paternal brothers, there is an addition from the mother's side, but in the presence of the grandfather, that dimension is nullified, because in the presence of the grandfather, the maternal brothers are unanimously deprived. Therefore, in comparison to the grandfather, maternal brothers are also included so that the grandfather's share is reduced.
Practical form of the agreement
Paternal brothers, including maternal brothers, say to the grandfather that we are all of the same rank compared to the grandfather, so we will all participate in the division. Then, when the grandfather takes his share, the paternal brothers tell the maternal brothers that you are not our real heirs; we only counted you to reduce the grandfather's share. Now, the property you have received is also ours.
Reference: Al-Azaab Al-Faaid:114/1
When does the need for the agreement arise?
Mu'addah is necessary when the share of the full siblings is not double that of the grandfather, and after giving the obligatory share to the owner of the obligation, more than one-fourth of the estate remains. If the share of the full siblings is double or more than that of the grandfather, then Mu'addah is not required.
Types of Mu'addah
There are a total of sixty-eight types of Mu'addah, the details of which are available in detailed books.
Does 'Alatiyyun get a share in every case?
If there is one full brother or two or more full sisters, then nothing remains for the 'Alatiyyun. If there is only one full sister, she will take her half, and if anything remains after that, it will go to the 'Alatiyyun.
There are four cases in which something remains for the 'Alatiyyun, and these are attributed to Sayyiduna Zaid bin Thabit (may Allah be pleased with him), hence called Zaidiyyat Arba' (the four Zaidiyyat).
Reference: This distribution is according to the mentioned scholar's school of thought.
① 'Ashriyah
Members: Grandfather, one full sister, one 'Alati brother
Solution:
2*5=10
Grandfather: 2.4. Full sister: 2 correct 1/2.5. 'Alati brother: 1/2.1.
② 'Ashriniyah
Members: Grandfather, full sister, two 'Alati sisters
Solution:
25=10 2=20.
Grandfather: 2.4.8 Full sister: 2 correct 1/2.5.10. 'Alati brother: 1/2.1.2.
③ Mukhtasarat Zaid
Members: Mother, grandfather, full sister, one uterine brother, one uterine sister
Solution:
66=363=108/2=54.
Mother: 1.6.18.9.
Grandfather: 5.10.30.15.
Full sister: 5.18.54.27.
Uterine brother: 5.2.4.2.
Uterine sister: 5.2.2.1.
④ Ninety of Zaid
Members: Mother, grandfather, full sister, two uterine brothers, one uterine sister
Solution:
36=185=90.
Mother: 1.3.15.
Grandfather: 5.5.25.
Full sister: 5.9.45.2
Uterine brother: 5.9.4.
One uterine sister: 5.1.1.
Closing Note
Due to the limited scope of this book, the chapters on calculation, relationships, and distribution of inheritance have not been mentioned here. To understand these topics, one should refer to books on Ilm al-Fara'id, especially the Arabic book "Fiqh al-Mawarith" and its Urdu translation "Tafheem al-Mawarith," which is useful.
Reference: To understand these chapters, refer to the Arabic book "Fiqh al-Mawarith," whose Urdu translation "Tafheem al-Mawarith" is available in the market. (Saarim)
This is what I have, and Allah knows best the truth.
