as well. For a son of a sister and a son of a paternal uncle from the mother's side, the wealth is divided between them, and whoever gives the inheritance to the closer one grants it to the son of the sister, which is also the view of the proponents of kinship; because she is from the children of the two parents of the deceased, whereas the son of the paternal uncle from the mother's side is from the children of the two parents of his grandparents. For a daughter of a paternal uncle and a daughter of a paternal uncle of the father, it belongs to the first one according to everyone, except for Ibn Salim and Nu'aym. For a daughter of a daughter of a daughter and a mother of a father's mother, the wealth is divided between them in fourths. For a daughter of a daughter of a daughter and a father of a mother's mother, it is the same as the previous case according to us, whereas whoever gives the inheritance to the closer one grants it to the second. For a daughter of a daughter of a son and a paternal aunt, or a maternal aunt, the first receives half in the first case, and with the maternal aunt, she receives three-quarters of the wealth, whereas according to whoever gives the inheritance to the closer one, the entirety belongs to the paternal aunt or the maternal aunt. It is possible that the categories are three: paternal, filiation, and maternal; because making paternal kinship a fifth category leads to excluding the daughter of the paternal uncle by the daughter of the paternal aunt, as we have mentioned. And if we make siblinghood a fourth category, while negating the category of paternal kinship, it leads to excluding the children of the brothers and sisters by the daughters of paternal uncles and paternal aunts. And if we consider them all as one category and grant inheritance to the one among them who is more preceding to the heir, it would be more appropriate. And Allah knows best.

1031 - Issue: He said: "And if there is an heir other than the husband and the wife, or a manumitter, he is more entitled to the wealth than the kindred (dhawu al-arham)."

In this issue, there are three sections:

The first: That the return (radd) is given precedence over the inheritance of the kindred. Thus, whenever the deceased leaves an agnate (asaba), or an heir with a fixed share (dhu fard) from his relatives, he takes the entire wealth, and nothing goes to the kindred. This is the view of the majority of those who grant inheritance to the kindred. Al-Khabri said: They did not differ that the return is more entitled than them, except for what was narrated from Sa'id ibn al-Musayyib and Umar ibn Abd al-Aziz, that they both granted inheritance to the maternal uncle along with the daughter; so it is possible that they granted it to him because he was an agnate or a master (mawla), so as not to contradict the consensus and the statement of the Prophet, peace and blessings of Allah be upon him: "The maternal uncle is the heir of the one who has no heir."