Chapter on Agnatic Heirs

His statement, “agnatic heirs”: this is the plural of ʿāṣib, meaning everyone who inherits without a fixed prescribed share. The rule concerning an agnatic heir is that, if he is the sole heir, he takes the entire estate; if there is a fixed-share heir, he takes what remains; and if the prescribed shares exhaust the estate, he receives nothing.

Agnatic heirs fall into five categories: descendants, ascendants, siblings, paternal uncles, and emancipation-based kinship. “Descendants” excludes daughters, for daughters do not fall under this category. “Siblings” likewise excludes sisters, because daughters and sisters may become agnatic heirs either through another heir or alongside another heir. An agnatic heir in his own right cannot be female. Siblings include full brothers and consanguine brothers, as well as their male descendants, however remote. Paternal uncles include full paternal uncles and consanguine paternal uncles, as well as their male descendants. Emancipation-based kinship includes the emancipator and his agnatic relatives in their own right.

Ascendants include fathers and grandfathers, however remote, on the condition that there is no female between the grandfather and the deceased.

Descendants include sons and sons’ sons, however remote. These are the principal categories of agnatic heirs. Which of them is given precedence? First, the one belonging to the nearer category is given precedence; then the one closer in degree; then the one with the stronger tie.

Strength of tie applies only among collateral relatives; it does not apply to ascendants or descendants. Thus, if a deceased person leaves behind a son and a father, the son takes precedence as an agnatic heir. This is why we give the father only his prescribed share of one-sixth. If he leaves behind a father and a full brother, we give precedence to the father. If he leaves behind a full brother and a full paternal uncle, we give precedence to