the brothers! This is one of the things that demonstrates the inconsistency of this view. The more a person reflects upon it, the clearer its weakness becomes to him, and that it has no evidence to support it.

The governing rule is that if the fixed-share heir has taken his due and only one-sixth remains, it belongs to the grandfather. If the fixed-share heir has taken his prescribed share and one-half remains, then one-sixth of the estate and one-third of the remainder are equal for the grandfather, because one-third of a half is one-sixth of the whole.

A woman dies leaving her husband, her grandfather, and two full brothers. The case is calculated on a basis of six shares: the husband receives one-half, three shares, leaving three. We say to the grandfather: “Take one-third of the remainder, one-sixth of the estate, or divide equally with them.” Which option gives him the greatest share? All three are equal, for if he takes one of the three shares as one-sixth, it is one-sixth; if he takes one of them as one-third of the remainder, it is one-third of the remainder; and if he takes one through equal division, it is his share through equal division, since he has two brothers with him.

In summary, regarding the grandfather’s inheritance alongside siblings: if there is no fixed-share heir with them, he receives either an equal division or one-third of the estate. If there is a fixed-share heir with them, give the fixed-share heir his due, then say to the grandfather and the siblings: “The remainder is to be divided among you.” However, the grandfather is given the choice between one-sixth of the estate, one-third of the remainder, and equal division.

“If nothing remains but one-sixth, give it to him,
and the siblings are excluded—except in al-Akdariyyah, …”

His statement, “If nothing remains but one-sixth, give it to him, and the siblings are excluded—except in al-Akdariyyah”: al-Akdariyyah (1) is a husband, a mother, a grandfather, and a full sister. The case