because if a person dies leaving a full brother and a paternal half-brother, the full brother inherits, and the paternal half-brother receives nothing.
Likewise, his statement, “and full paternal uncles.” He did not say, “and the children of maternal half-uncles,” because the maternal half-uncle himself is among the distant kindred. A full paternal uncle and a paternal half-uncle, however, are residuary heirs. Thus, the daughters of full paternal uncles and paternal half-uncles are like their fathers: the daughter of a full paternal uncle takes the position of a full paternal uncle, and the daughter of a paternal half-uncle likewise takes the position of a paternal half-uncle.
If a person dies leaving the daughter of the son of a full paternal uncle and the daughter of a paternal half-uncle, the estate goes to the daughter of the paternal half-uncle, because she is closer. Treat the daughter of the son of the full paternal uncle as the son of that full paternal uncle, and treat the daughter of the paternal half-uncle as the paternal half-uncle himself. For if a person died leaving a paternal half-uncle and the son of a full paternal uncle, the estate would go to the paternal half-uncle.
“Maternal uncles, maternal aunts, and the mother’s father are like the mother; paternal aunts and a paternal uncle related through the mother are like the father. Every grandmother who traces her connection through a father situated between two mothers, one of whom is herself—such as the mother of the mother’s father—or through a father above the grandfather—such as the mother of the grandfather’s father …”
His statement, “Maternal uncles, maternal aunts, and the mother’s father are like the mother”: maternal uncles are like the mother, maternal aunts are like the mother, and the mother’s father is like the mother. However, if maternal uncles, maternal aunts, and the mother’s father are all present together, the mother’s father inherits, because the father excludes siblings. What the author—may Allah have mercy on him—means, however, is their assignment to the corresponding position; the actual inheritance depends on the particulars of the case.
Let us begin with maternal uncles. If a person dies leaving a maternal uncle and a full paternal aunt, the maternal uncle takes the position of the mother and the full paternal aunt takes the position of the father. Thus, we have a mother and a father: the mother receives one-third, and the father receives the remainder. Accordingly, the maternal uncle receives one-third, and the paternal aunt receives the remainder.
As for maternal aunts: if a person dies leaving a maternal aunt and a paternal aunt, the maternal aunt takes the position of the mother and the paternal aunt takes the position of the father. It is as though he died leaving a mother and a father: the mother receives one-third, and the father receives the remainder. Accordingly, the maternal aunt receives one-third, and the paternal aunt receives the remainder.
His statement, “and the mother’s father is like the mother”: if a person dies leaving a maternal uncle and a maternal aunt