The best-known inheritance disagreement among the Companions and the schools.
In Islamic law
Where a man dies leaving a grandfather and full or paternal siblings, does the grandfather exclude them as a father would, or share with them? Abu Hanifa held he excludes them entirely; the position attributed to Zayd ibn Thabit, followed by the other three schools, has him share with them subject to a floor of one third.
In Canadian law
A live issue in Canadian families where a young father dies leaving his own father and brothers. The will must state which position it follows or the executor cannot distribute.
Where the madhahib differ
| Issue | Hanafi | Maliki | Shafi’i | Hanbali |
|---|---|---|---|---|
| Grandfather with full/paternal siblings | Excludes them entirely | Shares with them, taking no less than one third of the residue | Shares with them, taking no less than one third of the residue | Shares with them, taking no less than one third of the residue |
This is the single most consequential inheritance difference between Abu Hanifa and the other three imams. Confirm the position with your own scholar before drafting.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Multiple wills ontario
- What is estate trustee without a will ontario
- What happens to a will if a beneficiary dies first
This entry is general information, not legal or religious advice. Inheritance turns on the exact family circumstances. Confirm Canadian law with a lawyer in your province, and any religious ruling with a qualified scholar.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- 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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Locating wills and documents — Law Society of Ontario
- Does ontario recognize foreign will — Treadstone Law
- Probate with will vs without will ontario differences — Treadstone Law
- Jury trial will challenge ontario — Treadstone Law
- Multiple wills ontario — Treadstone Law
- Partial intestacy will doesnt cover everything ontario — Treadstone Law
- Wills & estates practice — Treadstone Law