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.

1102 - Issue; He said: "Then her son, and his son, even if he descends."

In summary, whenever the father and his ancestors are absent, the person most entitled to marry the woman is her son, then his son after him, even if his degree descends, from closest to closest among them. The scholars of opinion (Ashab al-Ra'y) held this view. Al-Shafi'i said: The son has no guardianship unless he is a paternal cousin, a patron (mawla), or a judge, in which case he holds it by that capacity, not by sonship, because he is not considered a match for her, so he does not have guardianship over her marriage, like her maternal uncle, and because his nature would be averse to marrying her off, so he would not look out for her interests. Our argument is what Umm Salama, may Allah be pleased with her, narrated: When her waiting period (idda) ended, the Messenger of Allah, peace and blessings of Allah be upon him, sent to her proposing to her. She said: O Messenger of Allah, none of my guardians are present. He said: "There is no guardian of yours, present or absent, who would dislike this." She then said: Stand up, O Umar, and marry the Messenger of Allah, peace and blessings of Allah be upon him [to me]. So he married him [to her]. Narrated by al-Nasa'i. Al-Athram said: I said to Abu Abd Allah: And what about the hadith of Umar ibn Abi Salama when the Prophet, peace and blessings of Allah be upon him, married his mother, Umm Salama? Was he not young?