Who receives priority for sustenance when a grandfather and a brother are present?

General Chapter

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 3 · Bab 1

Open in Qurani

Primary text

The sound opinion is that the grandfather is prioritized because he has the distinction of lineage and parenthood. Furthermore, the son of the son inherits like a son, whereas the brother inherits like a brother, and the inheritance due to a son is stronger, making the sustenance obligation derived from that status stronger. If the brother is replaced by a son of the brother or an uncle, the grandfather is prioritized in all circumstances.

Supporting text

It is arguable that parity should exist between the grandfather and the brother due to their equal entitlement to inherit the person's estate.