Who is prioritized when a bequest is made to the closest relatives?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The nearest relative must receive the bequest before a more distant one, provided the nearest exists. The father is preferred over all ascendants (grandfathers), brothers, and paternal uncles, and the son is preferred over all of them and those related through them. Both the father and the son are considered equal in proximity because each is related directly without an intermediary. This ruling is supported by the fact that the son of a son is excluded in terms of residuary rights (ta'sib) while still being more distant, and the son is preferred over the grandfather, and the father over the son's son.
Supporting text
It is contended that the son should be preferred over the father because the father's residuary right (ta'sib) is nullified. However, the primary view holds that nullifying the father's residuary right does not negate his equal proximity or superior closeness.