Ummah Orphaned by Loss of Senior Scholars

Inheritance Issue: Orphaned Boy’s Grandfather Passes Away – Does He Inherit?

Hanafi Fiqh

Answered by Ustadha Shaista Maqbool

Question: Assalamulaikum. My question is that there is a boy whose father passed away when he was a baby. But the grandparents from both sides are alive. After a while the mother of this child remarries and he goes with her. Now after a number of years the boy’s grandfather (father’s father) passes away. Does this boy get anything as per the inheritance law? The boy is a middle aged married man with kids now. Please explain why he does or does not get anything. JAzakAllah.

Answer: Walaiikum assalaam warahmatu Allah,

Apologies for the delayed reply. The answer to your question relies upon knowing which other inheritors are living.

If the grandfather has any other son(s) (the boy’s uncle from his father’s side), then the boy would not inherit. This is because the son of a person is closer to him than his grandson and the presence of a son prevents the grandson from inheriting.

However, if the grandfather did not have any other sons, the boy (the grandson) would be entitled to inheritance. However, the amount he is entitled to depends on the other relatives of the grandfather who are alive. If the grandfather’s wife is alive, or his daughter, etc…the amount the boy is entitled to inheritance will change depending upon the presence of the other inheritors.

BarakAllahu feekum,
Shaista Maqbool

Checked & Approved by Faraz A. Khan