Is the financial maintenance (Nafaqah) obligatory for grandparents (ascendants) and grandchildren (descendants)?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The financial maintenance (Nafaqah) is obligatory upon ascendants, specifically grandfathers and grandmothers, regardless of how high the lineage goes (in the ascending line). It is also obligatory upon the children of one's children, regardless of how far down the lineage descends (in the descending line). This view is held by Al-Shafi'i, Al-Thawri, and the Companions of Al-Ra'y (the Hanafi school). The evidence for this obligation lies in the statement of the Almighty: "And upon the heir is likewise," (Quran 2:233). Furthermore, the term 'child' (walad) and 'parent' (walid) are understood generally to include these relatives, as demonstrated when Allah the Exalted said, "Allah instructs you concerning your children: for the male, what is equal to the share of two females," (Quran 4:11), which includes the children of sons. Additionally, the Almighty mentioned concerning parents, "And for his two parents, each one of them is a sixth of what he leaves if he has a child," and He mentioned, "The religion of your father, Abraham," (Quran 22:78). Finally, there exists a kinship bond between grandparents and grandchildren that necessitates manumission (freeing a slave) and disqualifies one from testifying against the other, which means they resemble the immediate parent and child.
Supporting text
Imam Malik holds that financial maintenance is not obligatory upon ascendants or descendants, nor is it obligatory for them to receive maintenance, because the grandfather is not considered a true father.