Section

Grandfathers are excluded by the father, and the more remote grandfather by the nearer one. Grandmothers are excluded by the mother. Descendants through a son are excluded by the son. Full siblings are excluded by a son, a grandson, and a father. Paternal half-siblings are excluded by these and by a full sibling. Maternal half-siblings are excluded by a child, a descendant through a son, the father, and the paternal grandfather; and the latter excludes every nephew and paternal uncle. ...

The author has included this section to explain the rules of exclusion from inheritance. The scholars say that it is not permissible for someone who does not know the rules of exclusion to issue legal rulings on inheritance, for he may assign a share and make someone inherit even though that person is excluded. Thus, one must know the chapter of exclusion.

Exclusion is of two types: exclusion due to a disqualifying attribute and exclusion by another heir. Exclusion by another heir means that a person is excluded by one of those entitled to inherit.

His statement, “Grandfathers are excluded by the father,” refers to all grandfathers. Thus, if a person dies leaving a father and a paternal grandfather, the father excludes the grandfather.

His statement, “and the more remote by the nearer,” means that the more remote grandfather is excluded by the nearer one. Thus, if a person dies leaving a paternal grandfather and a paternal great-grandfather, the former inherits, because the father of the paternal grandfather is more remote. This is clear, and its proof is the saying of the Prophet, peace and blessings be upon him: “Assign the prescribed shares to those entitled to them; whatever remains goes to the nearest male relative.” (1) Here, “nearest” means closer in relationship, not more entitled; otherwise, we would say that a poor person, even if distant in relationship, takes precedence over a wealthy one.

His statement, “Grandmothers are excluded by the mother,” applies whether they are on the paternal or maternal side. Thus, if a person dies leaving a maternal grandmother, a paternal grandmother, and a mother, the two grandmothers do not inherit, because the mother excludes them.

His statement, “Descendants through a son are excluded by the son,” is because they are more remote. Thus, if he leaves a great-great-grandson and a grandson, the former is excluded because he is more remote.