What is the basis for the grandfather’s share being one-third and one-third of the remainder in the presence of siblings, given that the original ruling is that the father’s and grandfather’s share is one-sixth?
Machine translationRead the Arabic original
The questioner : May Allah forgive you. What is the basis for the grandfather’s share being one-third in the presence of siblings, and one-third of the remainder, when the original ruling is that the father’s and grandfather’s share is one-sixth?
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful:
The stronger opinion in this issue, which is indicated by the evidence and was held by Abu Bakr al-Siddiq and thirteen of the Companions (may Allah be pleased with them), is that the grandfather is exactly like the father, except in the two cases of the mother’s share. In the presence of the father, the mother gets one-third of the remainder, but in the presence of the grandfather, she gets the full one-third. These two cases are:
A person dies leaving a wife, a mother, and a father, or a woman dies leaving a husband, a mother, and a father. That is, the husband dies leaving a wife, a mother, and a father. We say: the wife gets one-quarter if the husband dies leaving her, the mother, and the father; the mother gets one-third of the remainder; and the father gets the remainder.
Or she dies leaving a husband, a mother, and a father. In that case, the husband gets one-half, the mother gets one-third of the remainder, and the father gets the remainder.
If she dies leaving a husband, a mother, and a grandfather, the husband gets one-half, the mother gets the full one-third, and the grandfather gets the remainder.
Likewise, if he dies leaving a wife, a mother, and a grandfather, the wife gets one-quarter, the mother gets the full one-third, and the grandfather gets the remainder.
These two issues, which are the two cases of the mother’s share, are the only ones in which the father and the grandfather differ. As for all other scenarios and issues, the grandfather is like the father.
As for those who hold that the grandfather has different conditions, and that full siblings or paternal siblings inherit with him, this opinion is weak. There is no evidence for it, neither from the Book of Allah, nor from the Sunnah of the Messenger of Allah, nor from scholarly consensus, nor from valid analogical reasoning. The correct view is that the grandfather excludes full siblings or paternal siblings absolutely. On this basis, the question you raised is not applicable, because there is no one-third of the remainder, and no sharing with the siblings. Is that clear?
The questioner : And what is the basis for raising it?
The Shaykh : The basis for raising it is that it is built on opinions and ideas. They say, for example, that the bond between the grandfather and his grandson is stronger than that of the siblings, so he has the advantage and distinction. It is said: suppose we accepted that, what is the evidence that he gets one-third or one-third of the remainder, for example? There is no evidence.
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful:
The stronger opinion in this issue, which is indicated by the evidence and was held by Abu Bakr al-Siddiq and thirteen of the Companions (may Allah be pleased with them), is that the grandfather is exactly like the father, except in the two cases of the mother’s share. In the presence of the father, the mother gets one-third of the remainder, but in the presence of the grandfather, she gets the full one-third. These two cases are:
A person dies leaving a wife, a mother, and a father, or a woman dies leaving a husband, a mother, and a father. That is, the husband dies leaving a wife, a mother, and a father. We say: the wife gets one-quarter if the husband dies leaving her, the mother, and the father; the mother gets one-third of the remainder; and the father gets the remainder.
Or she dies leaving a husband, a mother, and a father. In that case, the husband gets one-half, the mother gets one-third of the remainder, and the father gets the remainder.
If she dies leaving a husband, a mother, and a grandfather, the husband gets one-half, the mother gets the full one-third, and the grandfather gets the remainder.
Likewise, if he dies leaving a wife, a mother, and a grandfather, the wife gets one-quarter, the mother gets the full one-third, and the grandfather gets the remainder.
These two issues, which are the two cases of the mother’s share, are the only ones in which the father and the grandfather differ. As for all other scenarios and issues, the grandfather is like the father.
As for those who hold that the grandfather has different conditions, and that full siblings or paternal siblings inherit with him, this opinion is weak. There is no evidence for it, neither from the Book of Allah, nor from the Sunnah of the Messenger of Allah, nor from scholarly consensus, nor from valid analogical reasoning. The correct view is that the grandfather excludes full siblings or paternal siblings absolutely. On this basis, the question you raised is not applicable, because there is no one-third of the remainder, and no sharing with the siblings. Is that clear?
The questioner : And what is the basis for raising it?
The Shaykh : The basis for raising it is that it is built on opinions and ideas. They say, for example, that the bond between the grandfather and his grandson is stronger than that of the siblings, so he has the advantage and distinction. It is said: suppose we accepted that, what is the evidence that he gets one-third or one-third of the remainder, for example? There is no evidence.