the grandfather, the father's father even if he ascends, then the son, then his son even if he descends, then the brother who is an agnate (asabah), then his son, then the closest then the closest of the agnates. Abu Bakr said: If a grandfather and a brother gather, there are two opinions regarding it. It was narrated from Malik that the son is more entitled than the father because he is stronger in agnation (ta'sib) than him, as evidenced by inheritance, and the brother is more entitled than the grandfather because he traces lineage through filiation while the grandfather traces it through paternity. Our view is that they are equal in the manner of tracing lineage, because each of them traces it through himself, and the father is more tender and compassionate, and his prayer for his son is more likely to be answered, so he is more entitled, like the close relative compared to the distant one, since the purpose is to pray for the deceased and intercede for him, unlike inheritance.

Section: If the husband of the woman and her agnates gather, the apparent statement of al-Khiraqi is the priority of the agnates, and this is the most common of the narrations from Ahmad, and the view of Sa‘id ibn al-Musayyab, al-Zuhri, Bukayr ibn al-Ashajj, and the school of Abu Hanifah, Malik, and al-Shafi‘i, except that Abu Hanifah gives priority to the woman’s husband over her son from him. It was narrated from Ahmad that the husband is given priority over the agnates because Abu Bakrah prayed over his wife and did not ask her brothers for permission. This was also narrated from Ibn ‘Abbas, al-Sha‘bi, ‘Ata’, ‘Umar ibn ‘Abd al-‘Aziz, and Ishaq, and because he is more entitled to wash her, so he is more entitled to pray over her, as is the case in the point of agreement. Our view is that it is narrated from ‘Umar (may Allah be pleased with him) that he said to the family of his wife: "You are more entitled to her." And because the husband’s spousal relationship ceases with death, so he becomes a stranger, while kinship does not cease. Thus, based on this narration, if she has no agnates, the husband is more entitled, because he has a basis and affection, so he is more entitled than a stranger.

Section: If a brother from both parents and a brother from the father gather, there are two points of view regarding prioritizing the brother from both parents or treating them equally, taken from the two narrations regarding guardianship in marriage, and the ruling regarding their children, and regarding the paternal uncles and their children, is the same as the ruling regarding them.