The repetition of the grandfather’s inheritance with the brothers, its forms and wisdom

Abstract

The grandfather's inheritance in inheritance law has been devoted to a chapter by jurists of this nation called "The Grandfather's Inheritance." This chapter is divided into two sections: the first deals with the grandfather's inheritance with his brothers, and the second with his inheritance without them. The grandfather's inheritance in the absence of his brothers is a matter of consensus among jurists. He takes the same position as the father, and has all the same status as the father in inheritance, except for the two issues of life. As for the grandfather’s inheritance with the brothers, the Companions - may God be pleased with them all - differed on how to inherit with them, because there is no explicit text regarding the grandfather’s inheritance in the Qur’an or Sunnah, which resulted in opening the door to ijtihad among them regarding how to inherit. Rather, we see some of them - may God be pleased with them all - as mentioned in the hadith that they were cautious about speaking about the grandfather, due to the abundance of disagreement about it. However, the scholars of the Companions saw that it was necessary to consider the solution to the grandfather’s inheritance with the brothers, because our true religion did not leave anything without a ruling on it. Their ijtihad on this issue led them to many opinions on it, and the lack of consensus, which left the door of ijtihad open for the well-established scholars of this nation.