Chapter: The Inheritance of the Grandfather

Abu Dawud narrated with his chain of narration from Qatadah, from al-Hasan, from Imran ibn al-Husayn, that a man came to the Prophet (may Allah bless him and grant him peace) and said, "My grandson has died, what do I have of his inheritance?" He replied, "You have the sixth." When he turned to leave, he called him back and said, "You have another sixth." When he turned to leave, he called him back and said, "You have the other sixth as an extra portion (tu'mah)." Qatadah said: We do not know for what [matter] he granted him inheritance. Qatadah said: The least that the grandfather has inherited is the sixth. It was also narrated from al-Hasan that Umar (may Allah be pleased with him) said: "Who among you knows what the Messenger of Allah (may Allah bless him and grant him peace) granted the grandfather of inheritance?" Ma'qil ibn Yasar said: "I do. The Messenger of Allah (may Allah bless him and grant him peace) granted him the sixth." He asked, "With whom?" He replied, "I do not know." He said, "Then you did not learn!" He said, "Then what use is it!" It was narrated by Sa'id in his Sunan. Abu Bakr ibn al-Mundhir said: The scholars among the Companions of the Messenger of Allah (may Allah bless him and grant him peace) reached a consensus that the grandfather, [who is] the father's father, is not excluded from inheritance by anyone except the father. They placed the grandfather in the status of the father regarding exclusion and inheritance in all instances, except in three matters: the first is a husband and two parents; the second is a wife and two parents—for the mother there is a third of the remainder in these two [cases] with the father, and a third of the entire estate if a grandfather were in the place of the father; the third is that they differed regarding the grandfather with the brothers and sisters from both parents or from the father. There is no disagreement among them regarding his excluding the sons of brothers and the offspring of the mother.