and his parents inherit from him, then his mother shall receive one-third,” that is, the balance goes to his father as an agnatic share. The same rule is confirmed by the Prophet’s ﷺ instruction in the hadith under discussion: “Assign the prescribed portions to those entitled to them; whatever remains belongs to the nearest male agnate.” Likewise, in the case concerning the brother of Saʿd ibn al-Rabīʿ he said, “Whatever is left is yours.”
Agnatic succession (taʿṣīb) is arranged in several tiers, some nearer than others; they inherit according to their proximity to the deceased. The tiers are: 1) descendants, 2) ascendants, 3) siblings and their sons, 4) paternal uncles and their sons, and 5) allegiance (walāʾ), meaning the emancipator and his agnatic relatives.
- The nearer tier is preferred, so a son precedes a father.
- Within the same tier, the relative of closer degree precedes, so a son is preferred to a grandson.
- If they share the same tier and the same degree, the stronger connection prevails: a full brother is preferred to a paternal half-brother, and the same applies to their sons or to paternal uncles and their sons.
Heirs may exclude one another either totally (exclusion) or partially (reduction). Reduction can affect all heirs, whereas total exclusion does not affect the spouses, the parents, or the direct descendants, because they are linked to the deceased without any intermediary.
• A father excludes a grandfather, and a grandfather excludes any more remote grandfather.
• A mother excludes all grandmothers, and each grandmother excludes the one above her.
• A son excludes a grandson, and every higher-level grandson excludes those below him in the male line.
• Full brothers are excluded by a son, a father, and—according to the sound view—a grandfather.
• Paternal half-brothers are excluded by everyone who excludes full brothers, and also by a full brother.
• Sons of brothers are excluded by the father, by any paternal grandfather, and by the brothers themselves; paternal uncles are excluded by brothers and their sons.
• Uterine siblings are excluded by any descendants and by male ascendants.
• A granddaughter through a son is excluded by one or more daughters of the deceased.
• Any lower-level granddaughter through a son is excluded by two or more granddaughters above her, unless a grandson of the same line is present to render them residuary heirs.
• Paternal half-sisters are excluded by two or more full sisters, unless a brother is present to make them residuary heirs.
This brief outline has been presented to clarify the rules of inheritance while commenting on this comprehensive hadith. Scholars have treated this chapter of fiqh at great length and have authored numerous dedicated works on it. Allah is the One who grants success.