The ʿaṣabah (agnatic residuary heirs) are divided into three categories:
- ʿAṣabah in their own right (bi-nafsihim),
- ʿAṣabah through another (bil-ghayr), and
- ʿAṣabah together with another (maʿa al-ghayr).
Section One: ʿAṣabah in their own right
These are the male heirs—excluding the husband and the uterine brother—and they number fourteen:
(1) the son; (2) the son’s son, however remote; (3) the father; (4) the paternal grandfather, however high; (5) the full brother; (6) the consanguine (paternal) brother; (7) the son of the full brother, however remote; (8) the son of the consanguine brother, however remote; (9) the full paternal uncle; (10) the paternal uncle through the father, however high; (11) the son of the full paternal uncle, however remote; (12) the son of the paternal uncle, however remote; (13) the emancipator (male); and (14) the emancipatrix (female).
Section Two: ʿAṣabah through another
This class comprises four sub-types:
-
One daughter or more together with one son or more.
-
One son’s daughter or more together with one son’s son or more of the same generation—whether he is her brother or her cousin—or together with a grandson one degree lower if her entitlement depends on him.
The evidence for these two sub-types is the Almighty’s statement: “Allah instructs you concerning your children: for the male, a share equal to that of two females” (Qur’an 4:11), a noble verse that encompasses children and grandchildren through the son.
-
One full sister or more together with one full brother or more.
-
One consanguine sister or more together with one consanguine brother or more.
The proof for these two sub-types is His saying: “If there are brothers and sisters, men and women, then the male shall have a share equal to that of two females” (Qur’an 4:176). This noble verse covers both full siblings and paternal siblings.