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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 176Section

Translation · EN

{And for his parents, to each one of them is a sixth of what he left if he has a child} [4:11]. And His saying: {If he has siblings, then for his mother is the sixth} [4:11]. These are children and siblings, and the absence of their inheritance does not prevent their blocking, just as siblings with parents block the mother while they do not inherit. Our stance is that [the aforementioned] is a child who does not block the siblings of the mother, nor does he block his own child, nor the father from the sixth; therefore, he does not block others, just like the dead person. Furthermore, he does not affect the blocking of anyone other than the mother and the spouses, so he does not affect their blocking, just like the dead person. The verse was intended to refer to a child who is among the inheritors, based on the evidence that when He said: {Allah instructs you concerning your children: for the male, what is equal to the share of two females} [4:11], He meant the inheritor, and this [person] is not included among them. And when He said: {If a man dies having no child but he has a sister} [4:176], this [person] is not included among them. As for the siblings with the father, they are among the inheritors, as evidenced by the fact that if it were not for the father, they would have inherited, and they were only preceded by others and barred despite their eligibility because others were more entitled than them. Thus, the prevention of their inheritance is due to an impediment, not due to the absence of the requisite cause.

Section: As for the one who does not inherit due to the blocking of another, he does block [others], even if he does not inherit himself, such as the siblings who block the mother, even though they are blocked by the father; this is because their failure to inherit was not due to something inherent in them, nor for a lack of eligibility, but rather because others were prioritized over them. The rationale by which they are blocked during their inheritance is present, even while they are blocked from the inheritance itself, unlike our [previous] case. Based on this, if parents and two brothers or two sisters gather, the mother receives the sixth, and the remainder goes to the father; the two brothers block the mother from the [remainder of the] sixth, yet they inherit nothing. If a man dies and leaves his father, his father's mother, and his mother's mother's mother, the father would block his own mother from the inheritance, and his mother would block the mother of the mother's mother, according to the opinion of those who hold that a grandmother is blocked by her son, and a distant grandmother is blocked by one who is closer than her. In such a case, the entire estate belongs to the father.

Notes

(2) Surah an-Nisa' 11. (3) Surah an-Nisa' 176. (4) In M: "la" (does not). (5) In A: "yahjub" (he blocks).

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