are rendered residuary heirs by any male who is in their own generation or in a lower one, whereas a sister becomes a residuary heir only through her brother.
A single uterine brother or sister receives one-sixth, while two or more receive one-third, males and females alike.
Full sisters or consanguine sisters who exist alongside daughters or granddaughters through a son become residuary heirs like the brothers; hence a full sister is excluded by the presence of a daughter, and so are the consanguine sisters.
The sons of full or consanguine brothers take the place of their fathers, whether they appear individually or together; yet they differ from those brothers in four points: they do not reduce the mother’s portion to one-sixth, do not inherit with the grandfather, do not convert their own sisters into residuary heirs, and they are barred in the Musharakah case.
A paternal uncle—full or consanguine—stands in the position of a brother in all circumstances, alone or with others; the same pattern applies to the sons of paternal uncles and to every other agnate heir by blood. An agnate heir (ʿaṣabah) is anyone, among those whose entitlement is unanimously acknowledged, who has no fixed share; such a person inherits the whole estate or whatever remains after the allotted shares.
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If the deceased has no agnate heir by blood but does have a patron who emancipated him, the estate—or what remains after the fixed shares—goes to that patron, whether the deceased was male or female. If there is no such patron, it passes to the patron’s agnate relatives who are agnates in their own right, not through his daughter or sister, and their order follows the same sequence as that of blood agnates; the stronger view, however, is that the patron’s brother and the brother’s son take precedence over his grandfather. If he has no agnate heirs, the patron of the patron inherits, followed by that patron’s agnates in the same order. No woman inherits by patronage except her own freedman or someone connected to him by blood or by patronage.
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When a grandfather is joined by full or consanguine brothers and sisters, and no other fixed-share heir is present, he is entitled to whichever is greater: one-third of the estate or participation with them as though he were a brother. If he takes the one-third, the remainder belongs to them. If a fixed-share heir is present, he is entitled to whichever is greater: one-sixth of the estate.