Section
The mother receives one-sixth when there is a child or a son’s child, or two or more brothers or sisters; she receives one-third when they are absent; one-sixth in the case of a husband and both parents; and one-quarter in the case of a wife and both parents. The father receives the same shares …
His statement, “The mother receives one-sixth when there is a child or a son’s child, or two or more brothers or sisters; she receives one-third when they are absent; one-sixth in the case of a husband and both parents; and one-quarter in the case of a wife and both parents. The father receives the same shares”: The mother has three cases. She inherits one-sixth only when there is a child, a son’s child, or two or more brothers or sisters. That is, if there is an inheriting descendant—which is what he means by his words, “when there is a child or a son’s child”—then she inherits one-sixth. Thus, the mother inherits one-sixth when an inheriting descendant is present. An inheriting descendant is anyone who is not connected to the deceased through a female.
For example: a deceased person leaves behind a mother and a son. The mother receives one-sixth, and the remainder goes to the son by agnatic succession.
A deceased person leaves behind a mother, a daughter, and a paternal uncle. The mother receives one-sixth because an inheriting descendant is present; the daughter receives one-half; and the remainder goes to the paternal uncle.
She inherits one-third when there is neither an inheriting descendant nor a group of siblings.
A deceased person leaves behind a mother and a full brother. The mother receives one-third. This is why he said, “and she receives one-third when they are absent.”
In summary: if an inheriting descendant is present with the mother, even if only one, she receives one-sixth. If two or more brothers or sisters are present with her, she receives one-sixth. If neither is present, she receives one-third, except in the two Umariyyah cases, which will follow.