Does the legal term 'children' (*awlad*) in bequests include grandchildren?
General Chapter
Al-Mughni
Book of Bequests
Primary text
Grandchildren are not included under the literal meaning of the term 'children' when used in a bequest unless a context or determining factor (*qarina*) directs the meaning toward them. If such an indication exists, they are included as the language permits it, making it equivalent to an explicit mention. If the indication suggests exclusion, they receive nothing.
Supporting text
The argument for including grandchildren based on the verse concerning inheritance regarding offspring (Quran 4:11) is refuted because in inheritance, their inclusion occurs only when direct sons are absent or they inherit remnants after daughters, which distinction cannot be applied analogously to this specific bequest context, thus negating their entry based on that evidence.