grandparents

Second Category of Zaawil Arhaam

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The second category of zaawil arhaam consists of ascendants who are not already zaawil furoodh or `asabaat and may only inherit if the first category does not exist. This category can be split up into the following two classes:

Class 1: Maternal grandfather

Class 2:

  1. The maternal grandfather of the mayyit’s father – Father’s Mother’s Father
  2. The paternal grandfather of the mayyit’s mother – Mother’s Father’s Father
  3. Mother’s maternal grandfather – Mother’s Mother’s Father
  4. Mother’s paternal grandmother – Mother’s Father’s Mother

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Inheritance of Grandparents

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1) Paternal Grandfather

  1. His share is 1/6.
  2. When inheriting alone, he gets the entire estate.
  3. Is also among the `asabaat. Meaning, he gets residue (if any) in addition to his 1/6 share, after all other eligible heirs have gotten their shares.
  4. Gets excluded by father (Rule #4 of total exclusion)
  5. The closer generation paternal grandfather excludes the farther generation paternal grandfather. Therefore, grandfather excludes great-grandfather and higher. Great-grandfather excludes great-great-grandfather and higher; and so on.
  6. He is never partially excluded.

As is evident, the rules for the paternal grandfather are pretty much the same as that of the father. The only difference is that, unlike the father, the paternal grandfather can be excluded.

Note that the maternal grandfather is a non-heir.

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