Section: If there is a son and a daughter, the maintenance is divided between them in thirds, as in inheritance. Abu Hanifah said: Maintenance is equal between them because they are equal in proximity. If there is a mother and a son, one-sixth is upon the mother, and the remainder is upon the son. If there is a daughter and a son's son, the maintenance is [divided] in halves (3) between them. Abu Hanifah said: The maintenance is upon the daughter because she is closer. Al-Shafi'i said regarding these three issues: The maintenance is upon the son because he is the agnate (asaba). If there is a mother and a daughter, the maintenance is [divided] between them in fourths because they inherit from him in that manner. Abu Hanifah held this view as well. Al-Shafi'i said: The maintenance is upon the daughter because she becomes an agnate along with her brother. If there is a daughter and a daughter's son, the maintenance is upon the daughter. The companions of Al-Shafi'i said, in one of two opinions: The maintenance is upon the daughter's son because he is a male. Our argument is the saying of Allah the Almighty: {And upon the heir is the like of that}. He predicated the maintenance upon inheritance, so it must be predicated in its amount upon it. Requiring it from the daughter's son contradicts (5) the text and the meaning, for he is neither an agnate nor an heir, so there is no sense in requiring it from him to the exclusion of the inheriting daughter.

1385 - Issue: He said: (If it is a grandmother and a brother, then one-sixth of the maintenance is upon the grandmother and the remainder is upon the brother. And upon this basis is the calculation of maintenance.)

He means that the order of maintenance (1) is based upon the order of inheritance. Just as the grandmother has one-sixth of the inheritance here, she has one-sixth of the maintenance; and just as the remainder is for the brother, so too the remainder of the maintenance is upon him. According to one who does not see maintenance as being upon anyone other than the two lines of lineage (the two ancestral lines), he places the entire maintenance upon the grandmother. This is a principle that has been discussed previously. If there is a daughter and a sister, or a daughter and a brother, or a daughter and an agnate, or a sister and an agnate, or a sister and a mother, or a daughter and a son's daughter, or a full sister and a paternal sister, or