A question about some issues of inheritance: “The case of a grandfather, a brother, and a mother”
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The questioner : A question about some issues of inheritance “The case of a grandfather, a brother, and a mother”
The Shaykh : Do you mean one grandfather and one brother? Because a grandfather is not a brother. If there is only one brother, that is one thing; but if there are two brothers or more, meaning if you say grandfather, brother, and mother, we say the mother gets one-third, because we do not have any descendant of the deceased, nor a group of brothers. This is what weakens the view that the grandfather is treated as a brother, because here he is not a brother and does not block the mother. Likewise, if we had two grandfathers, they would not block the mother from receiving one-sixth, is that not so? And there are two grandfathers? Yes, who are they? The maternal grandfather gets nothing. The scholars have described this scenario in the case where two men have sexual relations with a woman under a false impression, and she gives birth to a child, and the case is presented to the genealogists—the genealogists are those who identify people by physical resemblance—and they say this child belongs to both of these men. So he has two fathers, and each of them has a father, so he has two grandfathers. If he had two grandfathers, they would not block the mother from receiving one-sixth. These are the proofs for the weakness of equating brothers with the grandfather; there are many proofs, not just one.
The Shaykh : Do you mean one grandfather and one brother? Because a grandfather is not a brother. If there is only one brother, that is one thing; but if there are two brothers or more, meaning if you say grandfather, brother, and mother, we say the mother gets one-third, because we do not have any descendant of the deceased, nor a group of brothers. This is what weakens the view that the grandfather is treated as a brother, because here he is not a brother and does not block the mother. Likewise, if we had two grandfathers, they would not block the mother from receiving one-sixth, is that not so? And there are two grandfathers? Yes, who are they? The maternal grandfather gets nothing. The scholars have described this scenario in the case where two men have sexual relations with a woman under a false impression, and she gives birth to a child, and the case is presented to the genealogists—the genealogists are those who identify people by physical resemblance—and they say this child belongs to both of these men. So he has two fathers, and each of them has a father, so he has two grandfathers. If he had two grandfathers, they would not block the mother from receiving one-sixth. These are the proofs for the weakness of equating brothers with the grandfather; there are many proofs, not just one.