It is also narrated from him regarding seven brothers and a grandfather that the grandfather is their eighth. It was narrated from 'Imran b. Husayn and al-Sha'bi that the division (muqasama) goes down to half a sixth of the estate. Our position is that the grandfather does not receive less than a sixth with the sons, and they are stronger in inheritance than the brothers, for they exclude them; therefore, it is more appropriate that he not receive less than that with the brothers. Furthermore, the Prophet (may Allah bless him and grant him peace) assigned the grandfather a sixth, so it is not appropriate for him to receive less than that. As for his statement, "or his allotment if the shares increase," he means when the problem suffers from 'awl (arithmetic increase of denominators), for he is allotted the sixth, even though it is less than the actual sixth. Do you not see that we say concerning a husband, a mother, two daughters, and a grandfather: he has the sixth? We give him two shares out of fifteen shares, which is two-thirds of a fifth. When the problem leads to 'awl, the brothers and sisters are excluded, except in the Akdariyyah case. The grandfather does not receive less than the full sixth in any case in which any of the brothers or sisters inherits.

1023 - Issue: He said: "If there is a brother of full relation (from father and mother), a brother from the father, and a grandfather, the grandfather divides the estate with the full brother and the paternal brother into three shares, then the full brother returns to what is in the hand of his paternal brother and takes it."

We have mentioned that the grandfather divides the estate with the brothers as one brother, so long as the division does not reduce him below a third, and that the children of the two parents count themselves [for share purposes] against the grandfather with the children of the father, then they take what results for them, and that whenever there are two brothers and a grandfather, the third and the division are equal. In this problem, the third and the division are equal; therefore, they divided the estate into three, each receiving one share, then the full brother took what resulted for his paternal brother. If you wish, you may assign the grandfather the third, and the remainder for the children of the two parents. If the number of brothers exceeds two or those who equal them from among the sisters, then assign the grandfather the third, and the remainder to the children of the two parents. This is the school of Zayd.