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:
- Difference between executor and estate trustee ontario
- How long does executor have to distribute estate
- Executor cannot delegate duties ontario
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
- Difference between executor and estate trustee ontario — Treadstone Law
- How long does executor have to distribute estate — Treadstone Law
- Executor cannot delegate duties ontario — Treadstone Law
- Co executor dies during estate administration ontario — Treadstone Law
- Wills & estates practice — Treadstone Law