Question 505: Do children whose mothers have passed away inherit from their maternal grandparents? That is, does a child whose mother passes away before his grandparents inherit from his grandparents?
Answer
Grandchild's Inheritance
✅Read the following narrations carefully:
1 أَبِي عبداللَّه قَال: بَنَاتُ الِابْنَةِ يَقُمْنَ مَقَامَ الِابْنَةِ إِذَا لَمْ يَكُنْ لِلْمَيِّت بَنَاتٌ و لَا وَارثٌ غَيْرُهُنَّ وَ بَنَاتُ الِابْنِ يَقُمْنَ مَقَامَ الِابْنِ إِذَا لَمْ يَكُنْ لِلْمَيِّت وَلَدٌ و لَا وَارِثٌ غَيْرُهُنَّ
📚 Al-Kafi, vol. 7, p. 88
Imam Sadiq, peace be upon him, said: The daughters of a daughter, if there are no daughters or other heirs for the deceased, take the place of the daughter, and the daughters of a son, if there are no children or other heirs for the deceased, take the place of the son.
2 أَبِي عبداللَّه قال: ابْنُ الِابْن إِذَا لَمْ يَكُنْ مِنْ صُلْبِ الرَّجُلِ أَحَدٌ قَامَ مَقَامَ الِابْنِ قَالَ وَ ابْنَةُ الْبِنْت إِذَا لَمْ يَكُنْ مِنْ صُلْبِ الرَّجُل أَحَدٌ قَامَتْ مَقَامَ الْبِنْت
📚 Al-Tahdheeb, vol. 9, p. 317
Imam Sadiq, peace be upon him, said: The son of a son, if there is no one from the person's loins, takes the position and place of the son. He said: And the daughter of a daughter, if there is no one from the person's loins, takes the place of the daughter.
3 سَالِم الْأَشَلِّ أَنَّهُ سَمِع أَبا جعفر يَقُولُ إِنَّ اللَّهَ أَدْخَلَ الْوَالِدَيْن عَلَى جَمِيع أَهْل الْمَوَارِيث فَلَمْ يَنْقُصْهُمَا اللَّهُ شَيْئاً مِنَ السُّدُسِ و أَدْخَلَ الزَّوْجَ وَ الْمَرْأَةَ فَلَمْ يَنْقُصْهُمَا مِنَ الرُّبُعِ و الثُّمُن
📚 Al-Tahdheeb, vol. 9, p. 250
Salim Ashall heard Imam Baqir, peace be upon him, say: Indeed, Allah Almighty has included the father and mother among all the people of inheritance, and Allah has not reduced their share from one-sixth, and He has also included the husband and wife (among all the people of inheritance), and has not reduced their share from one-fourth and one-eighth.
4 عن زرارة قال: هذا مِمَّا ليس فِيه اخْتِلَافٌ عند أصحابنا عَنْ أَبِي عبداللَّه و عَنْ أَبِي جعفرٍ ... و لَا يَرِثُ أَحَدٌ مِنْ خَلْقِ اللَّهِ مَع الْوَلَدِ إِلَّا الْأَبَوَان و الزَّوْجُ و الزَّوْجَةُ و إِنْ لَمْ يَكُنْ وَلَدٌ و كَان وَلَدُ الْوَلَد ذُكُوراً أَوْ إِنَاثاً فَإِنَّهُمْ بِمَنْزِلَةِ الْوَلَد و وُلْدُ الْبَنِينَ بِمَنْزِلَةِ الْبَنِينَ يَرِثُون مِيرَاثَ الْبَنِينَ و وُلْدُ الْبَنَاتِ بِمَنْزِلَةِ الْبَنَاتِ يَرِثُون ميراث الْبَنَاتِ و يَحْجُبُونَ الْأَبَوَيْن و الزَّوْجَيْنِ عَنْ سِهَامِهِمُ الْأَكْثَرِ و إِنْ سَفَلُوا بِبَطْنَيْن و ثَلَاثَة وَ أَكْثَر يَرِثُونَ ما يَرِثُ وَلَدُ الصُّلْب و يَحْجُبُونَ ما يَحْجُبُ وَلَدُ الصُّلْب
📚 Al-Kafi, vol. 7, p. 97
Zurarah said: No one from our companions has differed on these matters which are from Imam Baqir and Imam Sadiq, peace be upon them... until he said: In the presence of a child, no one from the creation of Allah inherits from the deceased except the father and mother and the husband and wife (i.e., the male and female spouse)
And if there is no child and there is a grandchild (i.e., the child of a child), whether he is a boy or a girl, then indeed they are in the position of the child, and the children of sons are in the position of sons and take the inheritance of sons, and the children of daughters are in the position of daughters and take the inheritance of daughters, and they block the father, mother, and spouse (of the deceased) from their maximum shares, even if they are two or three or more generations lower, and they take the same inheritance as the children from the loins, and they block everyone that the children from the loins block.
✅The above narrations and the like, although they have many details, their main and important points are as follows:
1 The child of a child, meaning the grandchild, whose mother or father has passed away, only inherits from the parents of the mother or the parents of the father if their grandparent has no other children from their loins.
2 Since the grandchild takes the place of the child in the absence of a child from the loins, their share of the inheritance is not based on their own gender, but based on the gender of the one who has taken their place. This means that a female grandchild may inherit twice as much as a male grandchild, because that girl is the substitute for the son of the deceased and this boy is the substitute for the daughter of the deceased!
3 In the absence of a child and the presence of grandchildren, the share of inheritance of the deceased's father and mother and the deceased's spouse remains the same as when there were children, because Allah has included them among all the people of inheritance.
4 If the deceased's child from the loins has several male and female children, all of them together are in the position of that child from the loins, and the inheritance of that child from the loins is divided among all of them according to the principles of inheritance division.
✅And also refer to 👇