“If equal division would reduce his share below one-third of the estate, he is to be given one-third; and when a fixed-share heir is present, he receives, after that heir, whichever is more advantageous to him: equal division, one-third of what remains, or one-sixth of the entire estate, …”

His statement, “If equal division would reduce his share below one-third of the estate, he is to be given one-third,” means that he is given one-third of the estate, while the remainder goes to the brothers. This is the first contradiction! If a person dies leaving a grandfather and two brothers, the estate is divided into thirds among them. If he leaves a grandfather and three brothers, the estate is divided into fourths among them. Since a fourth is less than one-third, and the grandfather—when no fixed-share heir is present—cannot receive less than one-third, he takes one-third of the estate, and the remaining three brothers divide the balance between themselves.

If he leaves a grandfather and a full sister, the grandfather takes two-thirds, because he is like a brother. This is as when a person dies leaving a full brother and a full sister: the male receives the share of two females. Thus, when no fixed-share heir is present, his inheritance is either by equal division or by one-third of the estate, and he chooses whichever is greater. For example, if the deceased leaves a grandfather and a full brother, and leaves behind thirty million, then one-third of the estate is ten million, whereas equal division gives him fifteen million. This is better. Therefore, we say: if equal division yields more, he chooses equal division. The criterion is that the siblings be fewer than twice his equivalent share. Whenever they are fewer than twice his equivalent share, equal division is more advantageous; if they are more, then he receives one-third of the estate; and if they are exactly twice his equivalent share, the two options are equal for him.

His statement, “and when a fixed-share heir is present, after that heir,” means that if a fixed-share heir is present with him, he takes his share after the fixed-share heir has received his portion.

His statement, “whichever is more advantageous: equal division, one-third of what remains, or one-sixth of the entire estate,” refers to three situations. When a fixed-share heir is present with him, we give that heir his due, then say concerning what remains: “O grandfather, choose one-sixth of the estate, one-third of what remains, or equal division.” Thus, if a person dies leaving a wife, a grandfather, and two full brothers, the case is calculated on a basis of four shares: the wife receives one-quarter, one share, and three of the four shares remain. We say to the grandfather: “Choose one-sixth”