a custom in the Shari'ah, which is what we have mentioned, so it is obligatory to interpret it accordingly and give it precedence over the linguistic custom, just like ablution (wudu), prayer (salah), fasting (sawm), and pilgrimage (hajj). There is no basis for restricting it to kin within the prohibited degrees of marriage (dhu rahim mahram), for the term 'relatives' (qarabah) applies to others by custom and by law. A man's stepdaughter, the mothers of his wives, and the wives of his ancestors and descendants are forbidden to him, yet they are not his relatives. Conversely, the daughter of his paternal uncle and aunt, and the daughter of his maternal uncle and aunt, are lawful for him, yet they are among his relatives. The details they mentioned (10) are not necessitated by the wording, nor is there any evidence supporting them; thus, relying upon that is an arbitrary imposition. However, if his wording contains something indicating the intention of his mother's relatives—such as his statement, 'My relatives from my father's side are preferred over my relatives from my mother's side,' or his statement, 'except my cousin so-and-so,' or something similar, or a context that excludes some of them—then the ruling is based on what that context indicates, because it diverts the wording from its apparent meaning to another.

Section: If he bequeaths to his closest relatives, or the people closest to him, or those closest to him by kinship, then nothing is given to the more distant relative while the closer one exists. Thus, the father is given precedence over all ancestors, siblings, and paternal uncles through whom one is related to him, and the son is given precedence over them and everyone through whom one is related to him. The father and the son are equal because each of them is related directly without an intermediary. It is possible that the son is given precedence because he excludes the father from 'asabah (residual inheritance). But the first view is better, because his [the son's] exclusion (11) of his [the father's] 'asabah does not prevent his equality in closeness, [nor does it prevent him from being] (12) closer than him, evidenced by the fact that a grandson excludes the father's 'asabah despite being more distant. The son is given precedence over the grandfather, and the father over the grandson. The companions of al-Shafi'i (may Allah be pleased with him) said: The grandson is given precedence over the father, [in one of the two opinions] (13), because he excludes his 'asabah. Our argument is that the father is related directly and is closer to his son without a barrier, and his inheritance is not excluded under any circumstances, unlike the grandson. The father and mother are equal, as are the son, the daughter, the grandfather (the father's father), and the grandfather (the mother's father).