Friday, August 12, 2022 - 14 Muharram 1444

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Is there any share for a grandson whose father has predeceased his own father?

Is there any share for a grandson whose father has predeceased his own father?

Answer

Scholars have two opinions if the grandchild is omitted due to the presence of relatives of a higher degree:

Some scholars maintain that a grandchild is entitled to inherit through wasiya wajiba [obligatory bequest] i.e. a grandchild can receive the share his father would have received if he had been alive provided it does not exceed one-third of the estate. This is based on the general meaning of words of God the Almighty: “Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest for the parents and near relatives according to what is acceptable - a duty upon the righteous” [2: 180].

This is the opinion implemented by fatwa and law in Egypt and many Muslim Arab countries.
Other scholars maintain that a grandchild in this situation is omitted by the presence of his paternal uncles and is thus not entitled to receive any share of the estate.