Another example: the paternal grandmother and the paternal great-grandmother: the paternal grandmother takes precedence, because she is closer.
His statement, “Then the grandfather, then his mothers likewise”: This is like the preceding case.
“Then a full sister, then a maternal half-sister, then a paternal half-sister; then a full maternal aunt, then a maternal half-aunt, then a paternal half-aunt; then paternal aunts in the same order; then the maternal aunts of his mother; then the maternal aunts of his father; then the paternal aunts of his father; then the daughters of his brothers and sisters; then the daughters of his paternal uncles and aunts; then the daughters of his father’s paternal uncles and the daughters of his father’s paternal aunts; then the remaining agnatic relatives, beginning with the closest; and if the child is female, then to her unmarriageable male relatives; then to her other blood relatives; then to the judge. If the person entitled to custody refuses, …”
His statement, “Then a full sister, then a maternal half-sister, then a paternal half-sister”: Custody then passes to the collateral relatives, and female relatives take precedence over males. Thus, if there is a maternal half-sister and a paternal half-sister, the maternal half-sister takes precedence, because the maternal line takes precedence over the paternal line in matters of custody, since custody is founded upon tenderness, concern, and mercy.
His statement, “Then a full maternal aunt, then a maternal half-aunt, then a paternal half-aunt; then paternal aunts in the same order”: The maternal aunt takes precedence over the paternal aunt, because the Prophet, peace and blessings be upon him, said: “The maternal aunt is in the position of the mother” (1). This shows that she takes precedence over the paternal aunt, because the mother takes precedence over the father; therefore, whoever is in the position of the mother takes precedence over whoever is in the position of the father.
His statement, “Then the maternal aunts of his mother, then the maternal aunts of his father, then the paternal aunts of his father”: That is, before the paternal aunts of his mother. Thus, the maternal aunts of his mother take precedence over the maternal aunts of his father, because the mother takes precedence over the father in matters of custody.
His statement, “Then the daughters of his brothers and sisters, then the daughters of his paternal uncles and aunts, then