[Section: The Rāfidī’s claim that Umar—may Allah be pleased with him—was inconsistent in his rulings]

Section (1)

The Rāfidī (2) said:

“He was inconsistent in his rulings and issued a hundred rulings concerning the grandfather” (3).

The response is that Umar—may Allah be pleased with him—was the most successful in reaching the truth among the Companions who differed over the grandfather. The Companions held two views regarding the grandfather inheriting alongside siblings:

One view is that he excludes the siblings. This was the view of Abū Bakr and most of the Companions, including Ubayy ibn Ka'b, Abū Mūsā, Ibn Abbas, and Ibn al-Zubayr. It is reported from fourteen of them. It is also the position of Abū Hanīfa and of a group among the followers of al-Shāfi'ī and Ahmad, such as Ibn Surayj among the followers of al-Shāfi'ī and Abū Hafs al-Barmakī among the followers of Ahmad. It is also reported as one narration from Ahmad.

This view is correct. The relationship of the sons of brothers on the father’s side to the grandfather is like the relationship of paternal uncles—the grandfather’s sons—to the paternal grandfather. The Muslims unanimously agree that the paternal grandfather has priority over the paternal uncles; therefore, the paternal grandfather must have priority over the siblings.

Moreover, if the siblings stood in the same position as the grandfather because they trace their kinship through being the father’s sons, then their sons—that is, the brothers’ sons—would likewise do so. Yet since their children are not