the sons of brothers, paternal uncles, and their sons. However, if there are two paternal cousins from a father, one of whom is a brother through the mother, they are equal because they are equal in agnation and inheritance through it. The Qadi said: Regarding them, there is the same disagreement as in the case of a paternal cousin from both parents and a paternal cousin from a father, because he is preferred by his mother's side. This is not the case; because his mother's side is something he inherits from independently, and what one inherits from independently is not used as a basis for preference, and therefore it is not used for preference in inheritance by patronage (wala') or otherwise. Based on this, if a paternal cousin from both parents and a paternal cousin from a father who is a brother through the mother meet, the guardianship belongs to the paternal cousin from both parents according to those who hold the view of prioritizing the offspring of both parents.

1105 - Issue; He said: "Then their children, even if they descend, then the paternal uncles, then their children, even if they descend, then the father's paternal uncles."

The summary of it is that the guardianship, after those we have mentioned, is arranged according to the order of inheritance by agnation. The most entitled of them to inheritance is the most entitled of them to guardianship. Thus, the most entitled after the fathers are the woman's children, then their children even if they descend, then her father's children, who are the brothers, then their children even if they descend, then her grandfather's children, who are the paternal uncles, then their children even if they descend, then the father's grandfather's children, who are the father's paternal uncles, then their children even if they descend, then the grandfather's grandfather's children, then their children. According to this, children of a higher father do not have priority over children of a father closer than him, even if their degree descends, and the most entitled of the children of every father is the one closest to him; because the foundation of guardianship is based on consideration and affection, and that is considered where it is presumed to exist, which is proximity in lineage, so the closest of them is the most affectionate of them. We do not know of any disagreement among the people of knowledge regarding this.

Section: There is no guardianship for non-agnates among relatives, such as the brother through the mother, the maternal uncle, the mother's paternal uncle, the mother's grandfather, and those like them. Ahmad stated this explicitly in several places. This is the opinion of al-Shafi'i and one of two narrations from Abu Hanifa.