three states: The first state is where he inherits by a fixed share (fard), which is when he is with the son or the son's son, even if descended. He has nothing but the one-sixth, and the remainder goes to the son and whoever is with him. We know of no disagreement regarding this, due to the saying of Allah the Almighty: "And for his parents, to each one of them is a sixth of his estate if he had a child." The second state is where he inherits by pure agnation (ta'sib), which is when he is with someone other than the offspring. He takes the wealth if he is alone. If there is with him a sharer other than the offspring, such as a husband, a mother, or a grandmother, then the sharer receives their fixed share, and the remainder of the wealth goes to him, due to the saying of Allah the Almighty: "And if he had no child and his parents [alone] inherit from him, then for his mother is one-third." He attributed the inheritance to both of them, then assigned the one-third to the mother, so the remainder was for the father. Then He said: "If he has brothers, then for his mother is the one-sixth." He assigned the one-sixth to the mother when there are brothers, and He did not sever the attribution of inheritance to the parents, nor did He mention any inheritance for the brothers, so the entire remainder was for the father. The third state is where both matters are combined for him: the fixed share and agnation. This is when he is with female offspring or female son's offspring; he receives the one-sixth due to His saying: "to each one of them is a sixth of his estate if he had a child." For this reason, the father has the one-sixth with the daughter by consensus, then he takes what remains by agnation, for what Ibn Abbas narrated, who said: The Messenger of Allah (peace and blessings of Allah be upon him) said: "Assign the fixed shares to their entitled recipients, and whatever remains is for the nearest male relative." This is agreed upon. The father is the nearest male relative after the son and his son. The scholars have unanimously agreed upon all of this, so there is no disagreement in it, praise be to Allah, that we are aware of.
Section: The grandfather is like the father in his three states, and he has a fourth state with the brothers which will be mentioned in its chapter.
(1) Surah al-Nisa 11. (2) Narrated by al-Bukhari in: The Chapter on the Inheritance of a Child from His Father and Mother, the Chapter on the Inheritance of the Son's Son if there is no Son, the Chapter on the Inheritance of the Grandfather with the Father and Brothers, and the Chapter on Two Sons of a Paternal Uncle, one of whom is a brother through the mother and the other is a husband, from the Book of Inheritance. Sahih al-Bukhari 8/187, 188, 189, 190. And by Muslim in: The Chapter on Assigning Fixed Shares to Their Entitled Recipients, and What Remains is for the Nearest Male Relative, from the Book of Inheritance. Sahih Muslim 3/1233, 1234. It was also narrated by al-Tirmidhi in: The Chapter on the Inheritance of Agnatics (Asabah), from the Chapters of Inheritance. 'Aridat al-Ahwadhi 8/249. And by al-Darimi in: The Chapter on Agnatics, from the Book of Inheritance. Sunan al-Darimi 2/368. And by Imam Ahmad in: al-Musnad 1/292, 313, 325. (3) In A: "disagreement (khilaf)".
