The Issue of the Two 'Amriyyah in Inheritance
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What is the basis for the grandfather’s share of one-third in the presence of brothers, and one-third of the remainder, when the original ruling is that the father and the grandfather each receive one-sixth?
The stronger opinion in this issue, which the evidence indicates,and which Abu Bakr al-Siddiq and thirteen of the Companions (may Allah be pleased with them) held: that the grandfather is equal to the father in every respect, except in the two cases of the mother’s share, where the mother receives one-third of the remainder with the father, but with the grandfather she receives the full one-third.The two 'Amriyyah are: A person dies leaving behind a wife, a mother, and a father.So we say: The wife receives one-quarter if the husband dies leaving behind her, his father, and his mother. The mother receives one-third of the remainder, and the father receives the remainder. Or, if she dies leaving behind a husband, a mother, and a father, the husband receives one-half, the mother receives one-third of the remainder, and the father receives the remainder.
If she dies leaving behind a husband, a mother, and a grandfather, the husband receives one-half, the mother receives the full one-third, and the grandfather receives the remainder. Likewise, if he dies leaving behind a wife, a mother, and a grandfather, the wife receives one-quarter, the mother receives the full one-third, and the grandfather receives the remainder. These two issues, known as the two 'Amriyyah, are the only ones in which the father and the grandfather differ. In all other cases and scenarios, the grandfather is like the father.
As for those who hold that the grandfather has different conditions and that full brothers or paternal brothers inherit with him, this opinion is weak. There is no evidence for it from the Book of Allah, nor from the Sunnah of the Messenger of Allah, nor from scholarly consensus, nor from valid analogical reasoning.
So the correct view is: The grandfather excludes full brothers or paternal brothers absolutely. Based on this, the question raised by more than one person is not applicable here, because there is no "one-third of the remainder" here, nor any sharing with the brothers.
The reason for its mention is that it is based on opinions and ideas; for example, they say: that the strength of the bond between the grandfather and his grandson is stronger than that of the brothers, so he is given precedence and distinction.It is said: Suppose we said that. What is the evidence that he receives one-third, or one-third of the remainder, for example? There is no evidence.
The stronger opinion in this issue, which the evidence indicates,and which Abu Bakr al-Siddiq and thirteen of the Companions (may Allah be pleased with them) held: that the grandfather is equal to the father in every respect, except in the two cases of the mother’s share, where the mother receives one-third of the remainder with the father, but with the grandfather she receives the full one-third.The two 'Amriyyah are: A person dies leaving behind a wife, a mother, and a father.So we say: The wife receives one-quarter if the husband dies leaving behind her, his father, and his mother. The mother receives one-third of the remainder, and the father receives the remainder. Or, if she dies leaving behind a husband, a mother, and a father, the husband receives one-half, the mother receives one-third of the remainder, and the father receives the remainder.
If she dies leaving behind a husband, a mother, and a grandfather, the husband receives one-half, the mother receives the full one-third, and the grandfather receives the remainder. Likewise, if he dies leaving behind a wife, a mother, and a grandfather, the wife receives one-quarter, the mother receives the full one-third, and the grandfather receives the remainder. These two issues, known as the two 'Amriyyah, are the only ones in which the father and the grandfather differ. In all other cases and scenarios, the grandfather is like the father.
As for those who hold that the grandfather has different conditions and that full brothers or paternal brothers inherit with him, this opinion is weak. There is no evidence for it from the Book of Allah, nor from the Sunnah of the Messenger of Allah, nor from scholarly consensus, nor from valid analogical reasoning.
So the correct view is: The grandfather excludes full brothers or paternal brothers absolutely. Based on this, the question raised by more than one person is not applicable here, because there is no "one-third of the remainder" here, nor any sharing with the brothers.
The reason for its mention is that it is based on opinions and ideas; for example, they say: that the strength of the bond between the grandfather and his grandson is stronger than that of the brothers, so he is given precedence and distinction.It is said: Suppose we said that. What is the evidence that he receives one-third, or one-third of the remainder, for example? There is no evidence.