If the emancipator dies leaving his grandfather and two sons of his freed slave's brother, who inherits the loyalty?
Chapter on Inheritance of Wala'
Al-Mughni
Book of Walā' (Patronage)
Primary text
If the emancipator leaves his grandfather and two sons of his freed slave's brother, the loyalty belongs exclusively to the emancipator's grandfather, according to all scholars mentioned, except Malik and one position of Al-Shafi'i. This is based on the Prophet's saying that the Mawla inherits the loyalty to the one most deserving of the freed slave, and the grandfather is deemed more deserving because he inherits the freed slave's son's legacy but the brother's son's legacy is blocked by the grandfather, as established in monetary inheritance and by the principle that the paternal ancestor takes precedence over the descendant's son's descendant.
Supporting text
Malik and one view of Al-Shafi'i state that the inheritance goes to the son of the brother, asserting that the son of the son (even if descending further) is given precedence over the father (grandfather) in this specific context.