are excluded by three, and for him [the grandfather] both the fixed share and the agnatic share (ta'sib) are combined, just like the father, while they [the brothers and sisters] are entitled to only one of them. He also excludes the offspring of the mother, and the offspring of the father are excluded by them by consensus when the fixed shares exhaust the estate and they are agnates; the same applies to the offspring of both parents in the 'Musharaka' case according to the majority. Furthermore, he is not killed for the killing of his son's son, nor is he subject to the prescribed punishment (hadd) for slandering him, nor is his hand cut for stealing his wealth; his maintenance is obligatory upon him, and he is prohibited from paying his Zakat to him, exactly like the father, which indicates his strength. If it is said: Then the hadith is an argument for prioritizing the sisters, because their fixed shares are in the Book of Allah, so their fixed shares must be assigned to them, and the grandfather shall have what remains. The answer is: This report is an argument regarding the males alone, and regarding males with females. Or we may say: It is an argument regarding everyone, and there is no fixed share for the offspring of the father with the grandfather, because they are 'kalala', and 'kalala' is a name for the heir in the absence of a descendant or progenitor; thus, they have no fixed share with him. Another argument is that they said: The grandfather is a father, so he excludes the offspring of the father, just like the actual father. The evidence for him being a father is His saying, the Most High: "The religion of your father Abraham" [22:78]. And the saying of Joseph: "And I have followed the religion of my fathers, Abraham, Isaac, and Jacob" [12:38]. And His saying: "As He completed it upon your fathers before, Abraham and Isaac" [12:6]. The Prophet (may Allah bless him and grant him peace) said: "Shoot, O sons of Ishmael, for your father was an archer." And he said: "Sam is the father of the Arabs, and Ham is the father of the Abyssinians." And he said: "We are the sons of al-Nadr ibn Kinana; we do not disavow our mother, nor do we negate our father." And the poet said:
(6) In A: "al-furu" (fixed shares). (7) Surah al-Hajj, 78. (8) Surah Yusuf, 38. (9) Surah Yusuf, 6. (10) Recorded by al-Bukhari, in: The Chapter on Incitement to Archery..., from the Book of Jihad; and in: The Chapter on the saying of Allah the Almighty: "And mention in the Book, Ishmael...", from the Book of the Prophets; and in: The Chapter on Attributing Yemen to Ishmael..., from the Book of Virtues. Sahih al-Bukhari 4/45, 179, 219. Ibn Majah, in: Archery in the Path of Allah, from the Book of Jihad. Sunan Ibn Majah 2/941. And Imam Ahmad, in: al-Musnad 1/364, 4/50. (11) Recorded by Imam Ahmad, in: al-Musnad 5/9, 10, 11. (12) In the original and M: "tanfa" (you negate). (13) Recorded by Ibn Majah, in: The Chapter on One Who Denies a Person from his Tribe, from the Book of Hudud (Prescribed Punishments). Sunan Ibn Majah 2/871. And Imam Ahmad, in: al-Musnad 5/211, 212. (14) Al-Hamasa 1/77. It states therein that it is by some of the Banu Qays ibn Tha'laba, and it is said that it is by Bashama ibn Hazn al-Nahshali. Sharh Diwan al-Hamasa by al-Marzuqi 1/100, in which it states it is by Bashama ibn Juz' al-Nahshali. See the marginalia of Sharh Diwan al-Hamasa.
