. . . Is that not so? Good. He asks how this is to be?
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The Shaykh : ... Is that not so? Good.
He asks how this is to be?
By analogy, just as the son of a son excludes the brothers, the father of a father should also exclude the brothers. This is evidence.
There is very clear evidence, much clearer than this, which is: what is the evidence for these details regarding the inheritance of the grandfather and the brothers? What is the evidence that the grandfather inherits the greater of one-third or sharing equally if there is no one with a fixed share among them? And that he inherits the greater of one-sixth of the estate, one-third of the remainder, or sharing equally if there is someone with a fixed share among them? Where are these fixed shares in the Book of Allah? Where are they in the Sunnah of the Messenger (peace be upon him)?
Allah (Mighty and Majestic) did not neglect a single fixed share among the shares without mentioning it, even the wives and husbands when their shares differ, He mentioned them; the mother, when her share differed, He mentioned her; the sisters, how does Allah mention these shares and clarify them for His servants and not mention these precise shares regarding the grandfather?
This is the greatest evidence that refutes this claim, that we say to them: where is the evidence from the Book of Allah, or the Sunnah of His Messenger, or the consensus of the Ummah for these shares that you have assigned to the grandfather? Where is one-third of the remainder? Where is one-sixth of the estate? Where is one-third of the estate? Where is it?
Furthermore, by this division of yours, you implicitly acknowledge that the rank of the grandfather is stronger than the rank of the brothers. If it is stronger, what is the evidence that placed it in this rank? If it is stronger, it must take the ruling of strength.
The important point is that this opinion, which I mean the inheritance of the brothers with the grandfather according to this detail, is of the weakest opinions.
He asks how this is to be?
By analogy, just as the son of a son excludes the brothers, the father of a father should also exclude the brothers. This is evidence.
There is very clear evidence, much clearer than this, which is: what is the evidence for these details regarding the inheritance of the grandfather and the brothers? What is the evidence that the grandfather inherits the greater of one-third or sharing equally if there is no one with a fixed share among them? And that he inherits the greater of one-sixth of the estate, one-third of the remainder, or sharing equally if there is someone with a fixed share among them? Where are these fixed shares in the Book of Allah? Where are they in the Sunnah of the Messenger (peace be upon him)?
Allah (Mighty and Majestic) did not neglect a single fixed share among the shares without mentioning it, even the wives and husbands when their shares differ, He mentioned them; the mother, when her share differed, He mentioned her; the sisters, how does Allah mention these shares and clarify them for His servants and not mention these precise shares regarding the grandfather?
This is the greatest evidence that refutes this claim, that we say to them: where is the evidence from the Book of Allah, or the Sunnah of His Messenger, or the consensus of the Ummah for these shares that you have assigned to the grandfather? Where is one-third of the remainder? Where is one-sixth of the estate? Where is one-third of the estate? Where is it?
Furthermore, by this division of yours, you implicitly acknowledge that the rank of the grandfather is stronger than the rank of the brothers. If it is stronger, what is the evidence that placed it in this rank? If it is stronger, it must take the ruling of strength.
The important point is that this opinion, which I mean the inheritance of the brothers with the grandfather according to this detail, is of the weakest opinions.