Where a man dies leaving a grandfather and brothers, Abu Hanifa holds the grandfather excludes them entirely, as a father would. The Maliki, Shafi'i and Hanbali schools have him share with them, taking no less than one third of the residue.
The Canadian position
The will must state which position it follows. An executor faced with 'distribute according to Islamic law' and this configuration cannot proceed without a court application.
The Islamic position
The disagreement is recorded among the Companions themselves. Abu Bakr is reported to have treated the grandfather as a father; the position attributed to Zayd ibn Thabit has him share with siblings, and the other three imams followed it.
It is the single most consequential inheritance difference between Abu Hanifa and the rest.
One school against three. Abu Hanifa treats the grandfather exactly as a father: the brothers and sisters take nothing. Malik, al-Shafi’i and Ahmad — and, inside the Hanafi school itself, Abu Yusuf and Muhammad — follow Zayd ibn Thabit: the grandfather inherits with them, sharing as though he were one of the brothers, but never taking less than a guaranteed minimum. There is no verse and no hadith fixing the answer; the Mawsu’a says so in terms, and the rule rests on Companion ijtihad.
All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — Does a grandfather exclude the deceased’s brothers and sisters?.
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This arises in real Canadian families — a young father dies leaving his own father and his brothers. It is not a theoretical case.
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Encyclopaedia of Islam — Brill
- Academics — Islamic law and theology curriculum — Zaytuna College
- Difference between executor and estate trustee ontario — Treadstone Law
- How long does executor have to distribute estate — Treadstone Law
- Conflicting wills which one governs ontario — Treadstone Law
- Executor removing court application ontario — Treadstone Law
- Wills & estates practice — Treadstone Law