The Priority of the Residuary Heirs in Guardianship over Marriage
Machine translationRead the Arabic original
The questioner:
The aspect of the decisive residuary heirs. The one who has the right is the Creator; only he can be the guardian.
The Shaykh:
Yes. And Allah says there is no marriage except with him, and among the Arabs, the guardians are the residuary heirs. The Messenger came with the language of the Arabs; the people's guardians are their residuary heirs. Yes.
The questioner:
The first to enter is the father, then the bequeathed guardian, then the need—does he have it?
The Shaykh:
He bequeaths to the grandfather in the place of the grandfather; this is a matter of discussion.
The questioner:
The brother does not. He does not become [a guardian].
The Shaykh:
After him, after the bequest, after the father and his grandfather.
The questioner:
And the daughter is the one you call.
The Shaykh:
And the sons after them, then
The aspect of the decisive residuary heirs. The one who has the right is the Creator; only he can be the guardian.
The Shaykh:
Yes. And Allah says there is no marriage except with him, and among the Arabs, the guardians are the residuary heirs. The Messenger came with the language of the Arabs; the people's guardians are their residuary heirs. Yes.
The questioner:
The first to enter is the father, then the bequeathed guardian, then the need—does he have it?
The Shaykh:
He bequeaths to the grandfather in the place of the grandfather; this is a matter of discussion.
The questioner:
The brother does not. He does not become [a guardian].
The Shaykh:
After him, after the bequest, after the father and his grandfather.
The questioner:
And the daughter is the one you call.
The Shaykh:
And the sons after them, then
Source
شرح بلوغ المرام [ ابن باز ] [ الشرح الجديد ]، باب الفرائض — islamhouse.com (9:25)
The Arabic text is a machine transcription of the audio recording.