How should inheritance be divided between two grandmothers when one has two lines of kinship (two degrees of relation) to the deceased and the other has one?
Chapter on the Roots of Inheritance Shares that Increase (Awl)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The division is in thirds: the grandmother with two lines of kinship receives two-thirds, and the other receives one-third. This view is held by Abu Abdullah, Abu Al-Hasan Al-Tamimi, Abu Abdullah Al-Urani, Yahya bin Adam, Al-Hasan bin Salih, Muhammad bin Al-Hasan, Al-Hasan bin Ziyad, Zufar, and Shuraik. This is based on the analogy of inheriting from Magians based on all their relatives, and because the grandmother with two kinships is a single person who inherits through each relationship independently and is not preferred over others, thus inheritance is established for each link, similar to the case of a cousin who is also a brother or spouse, distinguishing it from the full brother who is preferred by his double relation.
Supporting text
Al-Thawri, Al-Shafi'i, and Abu Yusuf, following the analogy of Malik, hold that the sixth share is divided equally (one-half each). This is because when two kinships arise from the same side, only one is inherited from, similar to a half-brother (from the father) who does not inherit simultaneously through both paternal and maternal kinship.