in the same position as they themselves are, it is clear that they do not take precedence by virtue of being the father’s sons. Do you not see that, since the son takes precedence over the grandfather, his son [- the son’s son -] (1) occupies his position?

Furthermore, just as the grandmother is treated like the mother, so the grandfather must be treated like the father. This is also because the grandfather is called a father. This position is one of the two reported from Umar.

The second view is that the grandfather shares the inheritance with the siblings. This was the view of Ali, Zayd, and Ibn Mas'ūd. Both views are reported from Uthman, although they differed markedly over the details (2).

Most adherents of this view follow Zayd’s position, including Mālik, al-Shāfi'ī, and Ahmad. As for Ali’s position concerning the grandfather, none of the leading jurists adopted it. It is only reported that Ibn Abī Laylā used to rule according to it. Moreover, differing positions concerning this matter are reported from Ali. Thus, if the first view is correct, it was a view held by Umar; and if the second is correct, that too was a view held by Umar.

Zayd’s position came to prevail among the people only because he was Umar’s judge, and Umar would give effect to his judgment (3) concerning the grandfather out of scrupulous caution. Umar held that the grandfather was like the father, as Abū Bakr did; but when he himself became a grandfather, he exercised scrupulous caution (4) and entrusted the matter to Zayd.

As for the statement:

“He adjudicated a hundred cases concerning the grandfather.”

If this is authentic, it does not mean that he issued a hundred different opinions on a single question, for that is impossible. Among questions concerning the grandfather, none has generated more disagreement than the Kharqā' case,