What are the father's modes of inheritance?

General Chapter

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 6 · Bab 1

Open in Qurani

Primary text

The father has three modes of inheritance. First, inheriting by fixed share (Fard) only, which is one-sixth when the deceased has a son or a son's descendant, in accordance with Quran 4:11. There is no disagreement on this. Second, inheriting purely by agnatic succession ('Asabah) when there is no issue; he takes the entire estate if he is the sole inheritor, or he takes the remainder after fixed shares are given to obligatory sharers like the spouse or mother, based on Quran 4:11, which attributes inheritance to the parents but assigns one-third to the mother.

Supporting text

The third mode is inheriting by combining both fixed share and agnatic succession. This occurs when the deceased leaves female issue (daughters or granddaughters). The father receives one-sixth by fixed share (Quran 4:11), and he then takes the remaining estate by agnatic succession. This is confirmed by the Hadith narrated by Ibn Abbas that the Prophet, peace be upon him, commanded to 'Give the fixed shares to their owners, and whatever remains is for the nearest male relative' (Muttafaqun Alayh). The father is the nearest male relative after the son and grandson. Scholars are in unanimous agreement on this.