Some later scholars diverged, saying: “He renders them residuaries only when he is on their own generational level.”

The majority of jurists maintain that if the deceased leaves a direct daughter together with a son’s daughter—or several granddaughters through a son—with no male among them, the son’s granddaughters receive one-sixth to complete the two-thirds.

The Shiʿah disagree, contending that a son’s daughter inherits nothing alongside a direct daughter, just as a son’s son inherits nothing in the presence of a direct son.

Accordingly, the dispute over granddaughters through a son arises in two situations: (1) when they are accompanied by grandsons through a son, and (2) when they are with direct daughters in a portion that is less than two-thirds yet greater than one-half.

In the first situation—when they are with grandsons through a son—some scholars say that the granddaughters inherit, while others say they do not. Among those who allow them to inherit, some hold that they inherit purely as residuaries, whereas others limit their residuary share to no more than one-sixth. Of those who allow inheritance, some require the grandson to be on the same generational level as the granddaughters; others hold that his level is immaterial.

In the second situation—when no grandson through a son is present and the remainder after the direct daughters exceeds one-half but is needed to complete the two-thirds—opinions likewise diverge: some say the granddaughters inherit, others say they do not.

Inheritance of Spouses

The scholars unanimously agree that a man’s share from his wife’s estate, when she leaves neither a child nor a grandchild through a son, is one-half—whether the potential child be male or female—except for the opinion already cited from Mujāhid. If she does leave a child, his share is one-quarter.

Likewise, a woman’s share from her husband’s estate, when he leaves neither a child nor a grandchild through a son, is one-quarter; if he leaves a child or a grandchild through a son, her share is one-eighth.

No other heir bars spouses from inheriting or diminishes their allotted share except the presence of a child (or grandchild), for the Almighty says:

“You shall have one-half of what your wives leave if they have no child …” (al-Nisāʾ 4:12).

Inheritance of the Father and Mother

The scholars likewise concur that if the father is the sole heir, he receives the entire estate, and that if the only heirs are both parents, the mother receives one-third and the father the remainder, in accordance with His words:

“And his parents inherit him; for his mother one-third …” (al-Nisāʾ 4:11).

They further agree that when their deceased child leaves a child or a grandchild through a son, the fixed share of the parents is two sixths—one-sixth each—because the Almighty says:

“As for his parents, for each of them one-sixth of what he leaves, if he has a child” (al-Nisāʾ 4:11).

The majority interpret the word “child” here as referring to a male child, not a female.

All agree that in the presence of other fixed-share heirs the father’s portion is never less than one-sixth; he also takes whatever remains.

They also agree that siblings reduce the mother’s share from one-third to one-sixth, for He, exalted be He, says:

“But if he has siblings, then for his mother one-sixth” (al-Nisāʾ 4:11).

They differ, however, over the minimum number of siblings required for this reduction. ʿAlī—may Allah be pleased with him—and Ibn Masʿūd held that two or more siblings suffice, and this is also the view of Mālik. Ibn ʿAbbās maintained that the siblings must be three or more, arguing that two do not lower the mother’s share. The dispute turns on the smallest number encompassed by the Arabic plural.

Thus, whoever holds that the least number denoted by the plural is three says that the siblings who bar the mother from the full third are three or more, whereas whoever maintains that the plural may apply to two says that the siblings