1004 - Issue; he said: (The son of the brother through both the father and mother is more entitled [to the inheritance] than the son of the brother through the father. The son of the brother through the father is more entitled than the son of the son of the brother through the father and mother. The son of the brother, no matter how low in descent, if he is through the father, is more entitled than the paternal uncle. The son of the paternal uncle through the father is more entitled than the son of the son of the paternal uncle through the father and mother. The son of the paternal uncle, no matter how low in descent, is more entitled than the paternal uncle of the father.)

This pertains to the inheritance of the agnates (asaba), who are the males from the offspring of the deceased, his fathers, and their offspring. Their inheritance is not fixed; rather, they take the entire estate if there is no sharer (dhu fard) with them. If there is a sharer with them who is not excluded by them, they take whatever remains of the estate after his inheritance. The most entitled of them to inherit is the nearest of them, and he excludes the one who is more distant, based on the saying of the Prophet (peace and blessings of Allah be upon him): "Give the fixed shares to those entitled to them, and what remains belongs to the nearest male relative." The nearest of them are the sons, then their sons, no matter how low they descend; the nearer excludes the farther. Then the father, then his fathers, no matter how high they ascend, the nearer being preferred over the more distant. Then the sons of the father, who are the brothers through both parents or through the father only. Then their sons, no matter how low they descend, the nearer being preferred over the more distant. The distant is excluded by the near, regardless of whether the near is from the offspring of both parents or from the offspring of the father alone. If they congregate at the same degree, the offspring of both parents is more entitled due to the strength of their kinship through both the mother and father. It is for this reason he said: The son of the brother through both the father and mother is more entitled than the son of the brother through the father, because they are at the same degree. And the son of the brother through the father is more entitled than the son of the son of the brother through both the father and mother, because the son of the brother through the father is higher in degree than the son of the son of the brother through both the father and mother, and this is always the case. Whenever any of the sons of the brother remain, no matter how low they descend, he is more entitled than the paternal uncle, because he is from the offspring of the father, while the paternal uncle is from the offspring of the grandfather. Thus, when the brothers and their sons cease to exist, the inheritance goes to the paternal uncles, then their sons, in this order. If their degrees are equal, the one through both parents is preferred. If they differ, the higher one is preferred, even if he is only through the father. Whenever any of them remain, no matter how low they descend, he is more entitled than the paternal uncle of the father, because the paternal uncles are from the offspring of the grandfather, and the paternal uncles of the father are from the offspring of the father of the grandfather. When they cease to exist, the inheritance goes to the paternal uncles of the father.