following this order, then to the paternal uncles of the grandfather, then their sons, and it remains this way forever. The sons of a higher-level father do not inherit along with the sons of a closer-level father, even if their degree descends, due to what passed in the Hadith. All of this is unanimously agreed upon, by the praise and favor of Allah.

1005 - Issue; he said: (If there is a husband and two parents, the husband is given half, the mother one-third of what remains, and what remains is for the father. If there is a wife and two parents, the wife is given a quarter, the mother one-third of what remains, and what remains is for the father.)

These two issues are called the "Umariyyatayn" (the two issues of Umar), because Umar, may Allah be pleased with him, adjudicated them with this ruling, and he was followed in this by Uthman, Zayd ibn Thabit, and Ibn Mas'ud. This is also narrated from Ali, and it is the position of al-Hasan, al-Thawri, Malik, al-Shafi'i, may Allah be pleased with them all, and the scholars of opinion (Ashab al-Ra'y). Ibn Abbas allocated one-third of the entire estate to the mother in both issues, because Allah the Almighty decreed the one-third for her in the absence of offspring and siblings, and there are neither offspring nor siblings here. This is also narrated from Ali, and it is narrated from Shurayh regarding a husband and two parents. Ibn Sirin held the same position as the group regarding a husband and two parents, and the same position as Ibn Abbas regarding a wife and two parents. Abu Thawr also held this view, because if we were to assign one-third of the estate to the mother in the case of a husband and two parents, we would be preferring her over the father, which is not permissible, whereas in the case of the wife, it does not lead to that. Ibn Abbas argued using the generality of the saying of the Almighty: "If he has no child and his parents are his heirs, his mother has a third," and by his (peace and blessings of Allah be upon him) saying: "Give the fixed shares to those entitled to them, and what remains belongs to the nearest male relative." The father here is an agnate (asaba), so he is entitled to what remains after the fixed-share holders, just as if there were a grandfather in his place. The argument would be with him were it not for the established consensus of the Companions in opposition to him, and because...