the brother, so he is more entitled; according to the statement of the Prophet (peace and blessings of Allah be upon him): "Assign the fixed shares to their owners, and whatever the fixed shares leave behind belongs to the most entitled male man." In another wording: "To the most entitled male agnate." Furthermore, the grandfather is a father, so he is given precedence over the brother’s son, just like the actual father. Furthermore, he is given precedence in the inheritance of wealth, so he is given precedence in the inheritance of wala’, like other agnates.

Section: If there are both brothers and a grandfather together, the inheritance of the mawla is divided among them just like the property of their master. If there are brothers from both parents and brothers from the father, the brothers from both parents calculate the grandfather with the brothers from the father, and then whatever is obtained for them is taken by the child of the parents. Ibn Surayj said: It is possible that it is divided among them according to their number, and the child of the parents does not calculate the grandfather with the child of the father. Our evidence is that this is an inheritance between the grandfather and the brothers, so it resembles inheritance by lineage. If there are sisters with the brothers, they are not counted; because they do not inherit while being alone, so they are not counted, just like the brothers from the mother. If the brothers from the father are alone with the grandfather, their ruling is the same as the ruling of the brothers from both parents.

Section: If he leaves behind the grandfather of his mawla and the paternal uncle of his mawla, it belongs to the grandfather. Similarly, if he leaves the grandfather of the father of his mawla and the paternal uncle of his mawla, or the grandfather of the grandfather of his mawla and the paternal uncle of his mawla, it belongs to the grandfather. This is the opinion of al-Thawri, al-Awza‘i, and the people of Iraq. Al-Shafi‘i said: It belongs to the paternal uncle and his sons, even if they are lower in descent, to the exclusion of the father’s grandfather. This is the analogy of Malik’s opinion. Al-Shafi‘i said: Whoever considers the grandfather and the brother as equal, then the father’s grandfather and the uncle are equal, and he is more entitled than the son of the paternal uncle. Our evidence is the statement of the Prophet (peace and blessings of Allah be upon him): "The person most entitled to the emancipator inherits from him." The grandfather is more entitled to the emancipator, evidenced by the fact that he is the person most entitled to his wealth and his guardianship (wilaya), and he is given precedence in his marriage, the funeral prayer over him, and other than that. It is astonishing that al-Shafi‘i, may Allah have mercy on him, treated the grandfather as a father regarding the guardianship of wealth and the guardianship of compulsion in marriage, and he agreed with others on the obligation of spending on him, his emancipation upon the son of his son, the emancipation of the son of his son upon him, the negation of retaliation from him for killing the son of his son, the legal punishment (hadd) for slandering him, and other rulings of the father, yet then he made the most distant agnates more entitled than him regarding wala’.