has no heir." (1). Among the issues of this section are: a mother's father and a grandmother; the wealth is for the grandmother. A daughter of a son, a daughter of a daughter of a son of a brother (2), a son of a sister, a paternal uncle, and a paternal aunt; these are three types of brothers/sisters in different categories; there is nothing for the kindred in all of this.

Section Two: That the manumitter (mawla al-mu'tiq) and his agnates are more entitled than the kindred. This is the view of the majority of those among the Companions and others who granted them inheritance, and the view of those who do not see them as inheritors either. It is narrated from Ibn Mas'ud that they are given precedence over the manumitter, and this was the view of his son Abu Ubaydah, Ubayd Allah ibn Abd Allah ibn Utbah, Alqamah, Al-Aswad, Ubaydah, Masruq, Jabir ibn Zayd, Al-Sha'bi, Al-Nakha'i, Al-Qasim ibn Abd al-Rahman, Umar ibn Abd al-Aziz, and Maymun ibn Mihran. The first view is more correct, because of his (the Prophet's) statement, peace and blessings of Allah be upon him: "The maternal uncle is the heir of the one who has no heir." And the manumitter is an heir. Furthermore, the manumitter shares the responsibility of blood money (ya'qilu) and provides support (yansuru), so he resembles the agnates by lineage.

Section Three: Concerning granting them inheritance alongside the husband or wife. I know of no disagreement among those who grant them inheritance that they inherit alongside one of the spouses whatever remains after their inheritance, without being a barrier to them, nor involving adjustment (awl). However, there is a difference of opinion regarding how they are to inherit alongside them. It is narrated from our Imam that they inherit what remains just as they inherit the wealth if they were alone. This is the view of Abu Ubayd, Muhammad ibn al-Hasan, Al-Lu'lu'i, and the majority of those who grant them inheritance. Yahya ibn Adam and Dirar said: The remaining wealth is divided among them according to the portions of those through whom they are related alongside one of the spouses, based on [the principles of] exclusion (hajb) and adjustment (awl), then we assign the spouse their full share without exclusion or adjustment, then the remainder is divided among them according to the proportion of their shares. Thus, the disagreement only occurs in an issue containing those who are related through an heir with a fixed share and those related through an agnate. As for if they are all related through an heir with a fixed share or an agnate, there is no disagreement regarding it. Among the issues of this [type] are: a husband, a daughter of a daughter, and a daughter of a sister, or a son of a sister, or children of a sister...