the full brother. If he leaves behind a full paternal uncle and an emancipator, the full paternal uncle is given precedence. This precedence is based on category.
If the heirs belong to the same category, the one closer in degree is given precedence. If a deceased person leaves behind a son and a son’s son, the agnatic heir is the son, because he is closer in degree. If he leaves behind a son’s son’s son and a son’s son’s son’s son, the former takes precedence, because he is closer in degree. If he leaves behind a father and a grandfather, it is the father, because he is closer in degree. If he leaves behind a consanguine brother and a full brother’s son, the consanguine brother takes precedence, because he is closer. If he leaves behind a full paternal uncle and a full paternal cousin, the full paternal uncle takes precedence, because he is closer in degree. If he leaves behind a consanguine paternal uncle and a full paternal cousin, the consanguine paternal uncle takes precedence, because he is closer in degree. If he leaves behind a descendant in the sixth degree of a paternal cousin and his father’s paternal uncle, the former is closer, because the descending cousin shares with the deceased the first grandfather, since he is his father’s brother, whereas his father’s paternal uncle shares with the deceased the second grandfather. The former is therefore closer.
At first glance, one might think in this case that the father’s paternal uncle is closer. But the scholars say: the closer relative is the one connected to you first—that is, the one who shares with you the earlier grandfather. Therefore, a full brother’s great-great-grandson is given precedence over a full paternal uncle, because the brother’s descendant meets you at the father, whereas the paternal uncle meets you at the grandfather.
If they are equal in degree and category, the one with the stronger tie is given precedence. Thus, where there is a full brother and a consanguine brother, the full brother is given precedence; and where there is a full brother’s son and a consanguine brother’s son, the full brother’s son is given precedence. Apply the same principle accordingly. Which is closer: a maternal cousin’s son or the grandson of a consanguine paternal cousin? The latter, because the maternal cousin’s son