the Messenger of Allah (peace and blessings of Allah be upon him) said: "The paternal aunt is in the position of the father when there is no father between them, and the maternal aunt is in the position of the mother when there is no mother between them." Narrated by Imam Ahmad (3). The second [reason] is that it is the view of 'Umar, 'Ali, and 'Abd Allah, as authentically reported from them, and there is no dissenter among the Companions regarding it. The third is that the father is the strongest category of the paternal aunt, and the mother is the strongest category of the maternal aunt; therefore, it is determined that they should be assigned statuses based on them rather than others, such as the brother's daughter and the paternal uncle's daughter, as they are assigned the status of their parents rather than their brothers. And because when they possess several [types of] kinships and it is not possible to inherit through all of them, they inherit through the strongest of them, just as with the Magians [Majus] according to those who do not grant them inheritance through all their kinships, and like the brother through both parents, for we grant him inheritance through agnation (ta'sib), which is his father's side, and not through his mother's kin. As for Abu Hanifa and his companions, they granted them inheritance according to the order of the agnates (asabat). They considered the closest of them to be those who are from the children of the deceased, even if they are remote, then the children of his two parents or one of them even if they are remote, then the children of his parents' parents, and so on forever; the children of a higher ancestor do not inherit while there are children of a closer ancestor present, even if their [own] degree is remote. It is narrated from Abu Hanifa that he considered the mother's father, even if he is remote, to be more entitled than the daughters' children, and their school is called the "School of Kinship" (madhhab ahl al-qarabah). Our argument is that they are secondary in inheritance to others, so they must be attached to those of whom they are secondary; and it has been established that the female children of the deceased do not preclude the father's children, so it is even more appropriate that his [the deceased's] children do not preclude them.

Issues: Among them are the daughter of a daughter and the daughter of a son's daughter; the wealth is divided between them into four parts. If there is a brother's daughter with them, the remainder is for her, and the problem is resolved as six. If there is a maternal aunt with them, the daughter of the daughter takes half, the daughter of the son's daughter takes the sixth as the completion of two-thirds, the maternal aunt takes the sixth, and the remainder is for the brother's daughter. If there is a paternal aunt in place of the maternal aunt, she blocks the brother's daughter and takes the remainder, because the paternal aunt is like the father, thus she precludes those who are in the position of the brother (6). As for one who assigns her the status of a paternal uncle, he gives the remainder to the brother's daughter and excludes [the paternal aunt],