rank. The second is prioritizing the son, due to the mandatory nature of his maintenance by text. The third is prioritizing the father, due to the emphasis on his sanctity. If two parents gather, the three views apply to them; one of them is equality, for what we have mentioned. The second is prioritizing the mother, because she is more entitled to dutifulness, and she possesses the virtue of pregnancy, nursing, and upbringing, and increased compassion, and she is weaker and more incapable. The third is prioritizing the father, due to his virtue, his exclusive right to guardianship over his child, his entitlement to take from his wealth, and the Prophet's—peace and blessings of Allah be upon him—attribution of the child and his wealth to him in his statement: "You and your wealth belong to your father" (19). The first view is preferable. If a grandfather and a brother gather, it is possible [to suggest] equality between them, due to their equality in entitlement to his inheritance; however, the correct view is that the grandfather is more entitled, because he has the merit of birth and fatherhood, and because his son's son inherits the inheritance of a son, and the brother inherits the inheritance of a brother, and the inheritance of a son is more emphasized, so the maintenance mandated by it is more emphasized. If the place of the brother is held by a brother's son or a paternal uncle, then the grandfather is more entitled in every case.

Section: The amount mandatory for the maintenance of a relative is the measure of sufficiency in bread, side dishes, and clothing, according to custom, as we mentioned regarding the wife, because it is mandatory due to need, so it is measured by what satisfies that need. The Prophet—peace and blessings of Allah be upon him—said to Hind: "Take what is sufficient for you and your child in a reasonable manner" (20). He thus measured her maintenance and the maintenance of her child by sufficiency. If he needs a servant, he is obligated to provide him with one, as we said regarding the wife; because that is part of the completeness of his sufficiency.

1386 - Issue: He said: (And the emancipator is responsible for the maintenance of his freedman if he is poor; because he is his heir).

This is based on the principle that has preceded, that maintenance is mandatory upon the heir, and the emancipator is the heir of his freedman, so his maintenance is mandatory upon him if he is poor, and his master possesses affluence from which he can spend on him. Malik, Al-Shafi'i, and the scholars of opinion said: His maintenance is not mandatory upon him, based on their principles which we have mentioned.