For we, the sons of Nahshal, do not claim a father Beyond him, nor does he covet us as sons.
Thus, it is necessary that he excludes the brothers, just like the actual father. This is reinforced by the fact that the son of the son, however low he descends, stands in the place of his father in terms of exclusion, and likewise, the father of the father stands in the place of his son. For this reason, Ibn Abbas said: "Does Zayd not fear Allah? He makes the son of the son a son, yet he does not make the father of the father a father." Furthermore, there is between them procreation, consanguinity, and part-whole relationship, and he is equivalent to the father in most of his rulings, so he is equivalent to him in this exclusion. This is confirmed by the fact that the father of the father, however high he ascends, excludes the brothers of the brothers, and if the kinship of the grandfather and the brother were the same, then the father of the grandfather would necessarily be equal to the brothers of the brother, due to the equality in the degree of those through whom they are related. And Allah knows best. There is no further derivation based on this opinion due to its clarity.
Section: Those who hold the view of granting them an inheritance alongside him differed regarding the manner of their inheritance. Ali, may Allah be pleased with him, would assign the sisters their fixed shares, and the remainder would go to the grandfather, unless that would reduce him below a sixth, in which case he would assign it to him. If there were a sister by both parents and brothers by a father, he would assign the sister half, and the grandfather would divide the remainder with the brothers, unless the division reduced him below a sixth, in which case we would assign it to him. If the brothers were all agnates, the grandfather would divide with them down to the sixth. If the offspring of the father and the offspring of both parents gathered with the grandfather, the offspring of the father would be excluded and would not enter into the division, nor would they be taken into account. If the offspring of the father were alone, they would stand in the place of the offspring of both parents with the grandfather. Ibn Mas'ud acted regarding the grandfather with the sisters as Ali, peace be upon him, did, and he divided with the brothers down to a third. If there were other heirs with fixed shares with them, he would give the heirs their shares, then he would act according to Zayd's method in giving the grandfather the more favorable of the division, or a third of the remainder, or a sixth of the entire estate. Ali, however, would divide with him after the heirs with fixed shares, unless the heirs with fixed shares were a daughter or daughters, in which case the grandfather would not exceed a third, and would not divide with them. Al-Sha'bi, al-Nakha'i, al-Mughira ibn al-Miqsam, Ibn Abi Layla, and al-Hasan ibn
(15) Al-Mughira ibn Miqsam al-Dabbi, their mawla (client), was among the Tabi'un jurists in Kufa. He died in the year 133 AH. Tabaqat al-Fuqaha by al-Shirazi, 83; Tahdhib al-Tahdhib, 10/269.