Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Chapter: The inheritance of the grandfather with the father and the brothers. And Abu Bakr, Ibn Abbas, and Ibn al-Zubayr said: The grandfather is a father.

Machine translationRead the Arabic original
The reader: "Chapter: The inheritance of the grandfather with the father and the brothers".
And Abu Bakr, Ibn Abbas, and Ibn al-Zubayr said: الجد أب. وقرأ ابن عباس : يا بني آدم . واتبعت ملة آبائي إبراهيم وإسحق ويعقوب The grandfather is a father. And Ibn Abbas read: O children of Adam. And I followed the religion of my fathers Abraham, Isaac, and Jacob. It is not mentioned that anyone contradicted Abu Bakr in his time, and the Companions of the Prophet (peace and blessings be upon him) were present.
And Ibn Abbas said:
My son’s son inherits from me in preference to my brothers, and I do not inherit from my son’s son? يرثني ابن ابني دون إخوتي ولا أرث أنا ابن ابني ؟
.
Different opinions are reported from Umar, Ali, Ibn Masud, and Zayd.

The Shaykh :"Chapter: The inheritance of the grandfather with the father and the brothers", as it is with you, or: with the brothers? With the father and the brothers.
As for the inheritance of the grandfather with the father, he has no share, and this is a known matter, unless the intention is the inheritance of the grandfather with the father, meaning from the father. If this is intended, there is no problem, in order to exclude the grandfather from the mother, because the grandfather from the mother is among the dhaw al-aram (distant relatives) and has no inheritance. But the grandfather from the father with the brothers, which brothers?
Brothers from a different mother, and they are the full brothers or paternal brothers, because the maternal brothers are excluded by the grandfather by consensus.
So now, a grandfather from the mother does not inherit with the brothers by consensus.
And the brothers from the mother do not inherit with the grandfather by consensus.
The long and broad dispute is between the full brothers or paternal brothers and the paternal grandfather, meaning your father’s father with your brothers.
If a person dies leaving his father’s father and his brothers, how do we handle the inheritance?
Listen to the words of al-Bukhari (may Allah have mercy on him), he says: And Abu Bakr, Ibn Abbas, and Ibn al-Zubayr said: "The grandfather is a father".
So if the grandfather is a father, the brothers are excluded by him, because the brothers are excluded by the father.
So if a person dies leaving his paternal grandfather and his full brothers, the father is not present, having died previously, then the inheritance is for the grandfather, just as if he died leaving his father and his full brothers, the inheritance is for the father.
He says: And Ibn Abbas read, citing as evidence his saying:
O children of Adam يا بني آدم
[Al-A'raf 7:26]
, so Allah the Exalted made people the sons of Adam, and there are long generations between them and Him.
And he said:
And I have followed the religion of my fathers, Abraham واتبعت ملة آبائي إبراهيم
[Yusuf 12:38]
, and he is his grandfather, Abraham is his grandfather, so he called him father, Abraham, Isaac, and Jacob.
And Allah the Exalted said:
the religion of your father, Abraham ملة أبيكم إبراهيم
[Al-Hajj 22:78]
, and Ibn Abbas (may Allah be pleased with him) is not obligated to present all the evidence, but this is among the most explicit things,
The religion of your father ملة أبيكم
this is what was said:
The religion of your father ملة أبيكم
by Allah the Mighty and Majestic, and it was not said by Isaac or Jacob.
The one who said:
And I have followed the religion of my fathers, Abraham, Isaac and Jacob واتبعت ملة آبائي إبراهيم وإسحاق ويعقوب
[Yusuf 12:38]
was Yusuf (Joseph), I say it was not said by Yusuf, but it was said by Allah,
the religion of your father, Abraham ملة أبيكم إبراهيم
[Al-Hajj 22:78]
so Allah called Abraham a father, even though he is far from us, there are generations between us and him.
"It is not mentioned that anyone contradicted Abu Bakr in his time, and the Companions of the Prophet (peace and blessings be upon him) were present", this is from the words of al-Bukhari, and it seems he (may Allah have mercy on him) wants to make this a consensus of the Companions that the grandfather is a father.
And Ibn Abbas said: "My son’s son inherits from me in preference to my brothers", correct, meaning if a person dies leaving a son’s son and brothers, who is the inheritance for? For the son’s son.
"And I do not inherit with my son’s son?" meaning with the sons of my son. Who said this? Ibn Abbas, he is saying it while narrating as the grandfather, meaning I, the grandfather, do not inherit from my son’s son with the sons of my son, meaning if a person dies leaving his brothers, the sons of the grandfather’s son, is that not so? Good, he says how is this? The analogy is that just as the son’s son excludes the brothers, the father’s 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 the Mighty and Majestic did not neglect a single one of the prescribed shares without mentioning it, even the wives and husbands, if their shares differ, He mentioned them. The mother, when her share differed, He mentioned it. The sisters, how does Allah mention these shares and clarify them for His servants and not mention these precise shares regarding...
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas