the paternal aunt, and whoever assigns her the status of a grandfather divides the remaining third between her and the brother's daughter in two equal halves, and whoever assigns her the status of a grandmother gives her the sixth, and the remainder goes to the brother's daughter. According to the school of kinship, the brother's daughter does not inherit anything with the daughter of the daughter, nor with the daughter of the son's daughter.
Section: If one of the dhawi al-arham (kin related through a female) is alone, he takes the entire wealth, according to all those who grant them inheritance. If they are a group, then there are two cases: either they derive their kinship through one person, or through a group. If they derive it through one person and are of the same degree, the wealth is divided among them according to their inheritance shares from him. If some exclude others, such as the mother's father and the maternal uncles, then exclude the maternal uncles; because the father excludes the brothers and sisters. If some are closer than others, the inheritance is for the closest of them, such as a maternal aunt and a mother's mother's father, or a maternal uncle's son; the inheritance is for the maternal aunt, because she reaches the mother at the first degree. This is the view of the general body of those who assign statuses (al-munazzilin), except that it has been narrated from al-Nakha'i, Sharik, and Yahya ibn Adam, specifically regarding maternal kinship, that they treated the mother as dead and assigned her share to her heirs. Their view is called the view of "the one who causes the cause to die" (man amata al-sabab). Some scholars of inheritance (al-faradiyyin) applied this to all dhawi al-arham. According to their view, the maternal aunt receives half of the mother's inheritance because she is a sister, the mother's mother's father receives the sixth because she is a grandmother, and the remainder goes to the maternal uncle's son because he is a brother's son. Our argument is that inheritance is [calculated] from the deceased, not from his cause; that is why we grant inheritance to the mother's mother's mother, not the mother's paternal cousin, without disagreement—and similarly in the case of the mother's mother's father and the mother's father's paternal cousin, the wealth belongs to the grandfather because he is closer. If the mother were the deceased, her heir would be the paternal cousin of her father, not the father of her mother. Regarding a maternal aunt, a mother's mother's mother, and a mother's paternal uncle: the wealth belongs to the maternal aunt; whereas according to them, the maternal aunt has the half, the grandmother has the sixth, and the remainder goes to the paternal uncle. If there is no mother's paternal uncle among them, the wealth is divided between the maternal aunt and the mother's mother's mother into four parts. If there is no grandmother among them, the wealth is divided between the maternal aunt and her paternal uncle in two halves. Regarding a maternal aunt's son and a mother's paternal cousin: the wealth belongs to the maternal aunt's son, whereas according to them, it belongs to the mother's paternal cousin. As for if a group derives their kinship through a group, you assign the wealth to those through whom they derive their kinship,
(7) In [M]: "ahad" (one). (8) In [M]: "li-umm" (to the mother). (9) Omitted from [A].