How is the inheritance divided when the paternal grandfather inherits with brothers of full blood, brothers of the father, and fixed-share heirs?

Chapter on Inheritance of the Grandfather

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 8 · Bab 4

Open in Qurani

Primary text

Fixed-share heirs receive their prescribed shares first. Then, the remaining estate is considered. The grandfather receives the most advantageous share among three options: division with the siblings, one-third of the remainder, or one-sixth of the entire estate. The grandfather is never diminished below one-sixth of the entire estate, as this is his share even when strong residuary heirs (sons) are present. He receives one-third of the remainder when that is more beneficial, analogous to his share being one-third when no fixed shares exist. If the division share ('muqasamah') is most beneficial, he receives it. In situations involving 'awl (exaggerated claims), siblings (except in the Akdariyyah case) are veiled, and the grandfather does not receive less than a full sixth when any sibling inherits.

Supporting text

In a specific case involving three shares where there is a spouse, mother, two daughters, and a grandfather, the grandfather receives two-fifteenths (two-thirds of one-fifth). If the issue involves the father's brother and the full-blood brother alongside the grandfather, and the division makes the shares equal (e.g., two brothers and a grandfather), they divide into three, one share each. The father's brother then inherits what his half-brother inherited, or the grandfather may be given the fixed one-third, and the rest divided among the descendants. If the father's descendants are veiled by the full-blood descendants, they are ignored, and the division occurs between the grandfather and the full-blood brother, as the father's brother cannot claim a share where his full-blood brother is veiled.