Thabit, may Allah have mercy on him, and it disrupted all the foundational principles of inheritance law, for there is no heir who first inherits by fixed share and then inherits as a residuary heir. It is therefore regarded as disruptive to all the principles of inheritance law.
According to the stronger view, the al-Akdariyyah case is divided by giving the husband one-half, the mother one-third, and the remainder to the grandfather. Indeed, with regard to the full sister, not allowing her to inherit at all is easier than giving her an inheritance and then reclaiming it from her. If we suppose that the estate amounts to six million, the husband receives three million—one-half; the mother receives two million; the grandfather receives one million; and the sister receives three million. The case is then increased to nine. After she has received three million, the grandfather returns to her and says: “Add your share to mine, making four million.” Then we say: “You receive one-third of the four, and the grandfather receives two-thirds!”
In any event—praise be to Allah—the correct view is consistent and contains nothing that contradicts anything else. The correct view is that the grandfather excludes all siblings: full siblings, paternal siblings, and maternal siblings, whether male or female.
“The denominator is not increased, nor is a fixed share assigned to a sister alongside him, except in this case; and paternal siblings, when they are alone with him, are like full siblings.”
The author explains the ways in which the al-Akdariyyah case differs from other cases involving the grandfather: “The denominator is not increased, nor is a fixed share assigned to a sister alongside him, except in this case.” That is, in cases involving the grandfather and siblings, the denominator is not increased except in al-Akdariyyah; nor is a sister initially assigned a fixed share alongside the grandfather except in al-Akdariyyah.
Our qualification, “initially,” excludes the muʿāddah case, for in the muʿāddah case she may be assigned a fixed share alongside the grandfather.
His statement, “Paternal siblings, when they are alone with him, are like the children of—” means that paternal siblings—namely, siblings through the father—“when they are alone with him,” that is, with the grandfather, “are like the children of—”