the son's daughter gets the sixth, and what remains is for the sister. Recorded by al-Bukhari and others (3). Ibn Abbas's argument does not point to what he held; rather, it indicates that the sister is not assigned the half as a fixed portion alongside offspring, a point we agree with, for what she takes with the daughter is not a fixed portion but is by way of agnation (ta'sib), like the inheritance of the brother. Ibn Abbas has agreed on the validity of the brother's inheritance with offspring despite the saying of Allah Almighty: "And he inherits from her if she has no child" (4). Based on the analogy of his own statement, the brother ought to be excluded because he stipulated the absence of her offspring as a condition for her inheritance from her, which is contrary to consensus (5). Furthermore, the Prophet (peace and blessings of Allah be upon him)—who is the explainer of the speech of Allah Almighty—has assigned to the sister, alongside the daughter and the son's daughter, the remainder after their fixed portions, which is the third. If there were two daughters and a son's daughter, the son's daughter would be excluded, and the sister would have the remainder, which is the third. If there is a mother with them, she has the sixth, and the sixth remains for the sister. If a husband were in place of the mother, the issue is resolved from twelve: the husband has a fourth, the two daughters have two-thirds, and there remains (6) for the sister half of a sixth. If a mother were with them, the issue would be subjected to 'awl (increase in the denominator), and the sister would be excluded.

997 - Issue: He said: (And daughters of the son are in the position of the daughters when there are no daughters.)

Scholars have unanimously agreed that the daughters of the son are in the position of the daughters in the absence of the latter regarding their inheritance, their excluding those whom daughters exclude, in making sisters agnatic heirs with them, and in the fact that when they complete the two-thirds, those lower in rank than them among the son's daughters are excluded, and other matters. The basis for this is the saying of Allah the Almighty: