Special cases
Grandfather with siblings (الجد مع الإخوة)
When a grandfather inherits alongside the deceased's siblings, does he block them (Hanafi) or share with them (Maliki, Shafi'i, and Hanbali)?
When the deceased leaves no father but does leave a paternal grandfather alongside siblings (full or paternal half), the four Sunni schools split. The Hanafi school has the grandfather block the siblings entirely. The other three schools have him share with them, using a calculation that gives him the best of three options.
The Hanafi position
The grandfather is treated like the father for blocking purposes. He blocks all siblings (full and paternal half) and inherits as residuary. This is the simpler of the two outcomes.
The Maliki, Shafi'i, and Hanbali position
The grandfather shares with the siblings, getting the larger of three options:
- Muqasama: share with the siblings as if he were one of them, at a 2:1 male:female ratio. The grandfather counts as 2 parts (like a brother).
- One-third of the remainder, after any other fixed-share heirs are paid.
- One-sixth of the estate, the minimum guaranteed share.
He takes whichever option gives him the most. The remainder is divided among the siblings at the usual 2:1 ratio.
Worked example
The deceased leaves a paternal grandfather, 2 full brothers, and 1 full sister. There are no other heirs.
- Hanafi: grandfather blocks the siblings, takes the entire estate.
- Other schools: work out the three options for the grandfather. Sibling parts = 2 brothers × 2 + 1 sister × 1 = 5; grandfather counts as 2 more, total 7 parts. Option 1 gives him 2/7. Option 2 gives him 1/3. Option 3 gives him 1/6. He takes the largest: 1/3. The remaining 2/3 splits among siblings at 2:1: each brother gets 4/15, the sister gets 2/15.
Why the disagreement
The grandfather stands in for the father, and the father blocks siblings. But he's also one generation further away, which arguably puts him level with the siblings rather than above them. The schools gave those two arguments different weight.