"You and your wealth belong to your father" [7]. Establishing the guardianship of the one who is gifted over the gift is more appropriate than the reverse. Furthermore, the father is more complete in his judgment and more intense in his compassion, so it is necessary to prioritize him in guardianship, just as he is prioritized over the grandfather. Additionally, the father has guardianship over his child during their minority, foolishness, and insanity, therefore he has it in all other matters in which guardianship is established, unlike the guardianship of the son. For this reason, he is specialized with the guardianship of wealth, and it is permissible for him to purchase for her from his wealth, and for him from her wealth, when she is a minor, unlike someone else. Moreover, guardianship is a form of authority (ihtikam), and the authority of the progenitor over his branch is more appropriate than the reverse. It differs from inheritance, for which judgment (nazar) is not taken into account; for this reason, a child and an insane person inherit, yet there is no authority or guardianship over the inherited [estate] involved in it, unlike the case we are in.

1101 - Issue; He said: "Then her father, even if he ascends."

He means that the grandfather, the father's father, even if his degree ascends, is more entitled to the guardianship than the son and the rest of the guardians. This is the opinion of al-Shafi'i. There is another narration from Ahmad that the son is prioritized over the grandfather; this is the opinion of Malik and those who agree with him, for the reason previously mentioned. There is a third narration from Ahmad that the brother is prioritized over the grandfather; this is the opinion of Malik, because the grandfather traces his lineage through the father's father, while the brother traces his through sonship, and sonship is prioritized. There is also a narration from Ahmad that the grandfather and the brother are equal, because they are equal in inheritance through agnatic relationship (ta'sib) and equal in kinship; therefore, they must be equal in guardianship, like two brothers. Also, because they are both agnates (asaba) and one of them does not exclude the other, they are equal in guardianship like two brothers. Our argument is that the grandfather has procreation and agnatic relationship, so he is prioritized over them, like the father. Also, the son and brother are subject to retaliation (qisas) for her and are liable for cutting [the hand] for theft of her wealth, whereas the grandfather is the opposite. The grandfather is not excluded in inheritance except by the father, while the brother is excluded by him, by the son, and by the son's son. And when the estate is tight, and the issue involves a grandfather and a brother, the brother alone is excluded; therefore, it is necessary to prioritize him over them, like the father and like his prioritization over the paternal uncle and the rest of the agnates. Once this is established, the grandfather, even if he ascends, is more entitled than all agnates other than the father, and the most entitled of the grandfathers are those closest to her and those most entitled to inheritance.