Does the paternal grandfather exclude all full and paternal siblings from inheritance?
Chapter on Inheritance of the Grandfather
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
Abu Bakr al-Siddiq held the view that the grandfather excludes all full and paternal siblings from all degrees, just as the father excludes them. This view is also attributed to 'Abdullah ibn 'Abbas, 'Abdullah ibn al-Zubayr, 'Uthman, 'A'ishah, Ubayy ibn Ka'b, Abu al-Darda', Mu'adh ibn Jabal, Abu Musa, Abu Hurayrah, 'Imran ibn al-Husayn, Jabir ibn 'Abdullah, Abu al-Tufayl, 'Ubadah ibn al-Samit, 'Ata', Tawus, Jabir ibn Zayd, Qatadah, Ishaq, Abu Thawr, Nu'aym ibn Hammad, Abu Hanifah, al-Muzani, Ibn Shurayh, Ibn al-Labban, Dawud, and Ibn al-Mundhir.
Supporting text
Conversely, 'Ali ibn Abi Talib, Ibn Mas'ud, and Zayd ibn Thabit held that the grandfather inherits alongside the siblings and does not veil them. This view is also held by Malik, al-Awza'i, al-Shafi'i, Abu Yusuf, and Muhammad. Their evidence rests on the fact that the sibling is a male who represents his sister (as 'asabah), and the grandfather should not nullify this right as a son does not nullify the father's share. Furthermore, their inheritance is established by the Quran, and they should not be veiled except by explicit text, consensus, or analogy, none of which apply here.