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The Grandson’s Share in His Grandfather’s Inheritance – Shar‘i Ruling and Explanation

The Grandson’s Share in His Grandfather’s Inheritance – A Shar‘i Explanation​


Taken from: Fatāwā ‘Ilmiyyah, Vol. 1 (Uṣūl, Takhrīj, and Ḥadīth Authentication, p. 671)


❖ The Question​


Why does the grandson not receive a share in his grandfather’s inheritance if his father (the son of the grandfather) passes away before the grandfather? And if the grandson wishes to receive a portion of the grandfather’s estate, what is the Shar‘i method? Note: the grandfather is still alive.


❖ The Answer​


All praise is due to Allah, and peace and blessings be upon His Messenger. To proceed:


Why the Grandson Does Not Automatically Inherit​


◈ According to the Qur’an and Sunnah, the grandson does not directly inherit from the grandfather if the grandfather has living sons.


◈ The Prophet ﷺ said:


"فَمَا بَقِيَ فَهُوَ لأَوْلَى رَجُلٍ ذَكَرٍ"
“Whatever remains (after fixed shares) is for the closest male relative.”
(Ṣaḥīḥ al-Bukhārī 6732, 6735; Ṣaḥīḥ Muslim 1615)


Based on this, if the grandfather’s son (i.e., the father of the grandson) is alive, then he becomes the ‘aṣabah (closest male relative) and inherits the estate. Hence, the grandson has no share.


Understanding of the Companions​


◈ Sayyidunā Zayd ibn Thābit (رضي الله عنه) said:


"ولد الأبناء بمنزلة الولد إذا لم…"
“The sons of sons (grandsons) are considered like sons, provided that no son (of the deceased) is alive.”
(Ṣaḥīḥ al-Bukhārī, Kitāb al-Farā’iḍ, Bāb Mīrāth Ibn al-Ibn, ḥadīth 6735)


This shows that if a son is alive, the grandson is not considered equal to him. But if the son has passed away, then the grandson takes his place.


How the Grandson May Receive from the Grandfather’s Property​


◈ Since the grandson does not become a Shar‘i heir if the grandfather’s son is alive, the only way is through wasiyyah (bequest).


Shar‘i limit of wasiyyah:
Islam allows bequest of up to one-third (⅓) of the estate, not more.
Within this limit, the grandfather may bequeath a portion to the grandson or to any non-heir.


Thus, if the grandfather wishes, he can make a wasiyyah for his grandson so that he receives something from the estate.


❖ Conclusion​


  • The grandson does not automatically inherit from the grandfather when the grandfather has surviving sons.
  • If the son is deceased, then the grandson may inherit in his place.
  • Alternatively, the grandfather may make a wasiyyah up to one-third of his property for the grandson.

ھذا ما عندي والله أعلم بالصواب
 
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