The residuary heirs: their three types, their order of strength, and the “jihah → degree → strength” rule that determines who takes the remainder when several ‘ashabah are present together.
Definition and evidence
‘Ashabah take the entire remainder after the ashabul furudh — anywhere from 100% of the estate (if there is no fixed-share holder) down to zero (if the fixed shares exhaust the estate). The evidence is the second half of the core hadith: “…whatever remains goes to the nearest male” (Bukhari 6732, Muslim 1615).
Three types
| Type | Who | How it works |
|---|---|---|
| Bin-nafsihi | Every male on the heirs list except the husband and the maternal half-brother | ’Ashabah in their own right |
| Bil-ghair | Daughter + son; son’s daughter + son’s son; full sister + full brother; paternal half-sister + paternal half-brother | The female is “pulled” by her brother from a fixed share into the remainder, split 2:1 (An-Nisa 11 & 176) |
| Ma’al-ghair | Full or paternal half-sister together with a daughter/son’s daughter | The sister takes the remainder after the daughter’s/son’s daughter’s fixed share (Bukhari 6736); her standing becomes like a brother’s — she can block a paternal half-brother |
A note on bil-ghair for grandchildren: a son’s son also comes to the aid of a son’s daughter who has already been blocked (e.g. because 2 daughters have used up the 2/3) — alongside him she again receives a share of the remainder at 2:1.
The order of who takes the remainder
flowchart TB
classDef jihah fill:#1e3a8a,stroke:#3b82f6,color:#dbeafe
classDef aturan fill:#713f12,stroke:#ca8a04,color:#fef9c3
A["1. JIHAH (direction), in order:<br/>bunuwwah → ubuwwah → ukhuwwah →<br/>'umumah → wala'"]:::jihah --> B["2. DEGREE within the same direction:<br/>the closer one wins<br/>(child > grandchild; sibling > sibling's child)"]:::aturan
B --> C["3. STRENGTH when direction & degree are equal:<br/>full > paternal half"]:::aturan
Quick example: the deceased leaves a grandson, a full brother, and a paternal uncle → the entire remainder goes to the grandson (the bunuwwah direction wins); the others wait for a turn that never comes.
The grandfather’s position on this ladder is the central point of disagreement: one opinion places him exactly like the father (the ubuwwah direction, blocking the entire ukhuwwah direction), while the madhhab opinion has the grandfather and the siblings share through the muqasamah system — worked through in full in chapter 08.
Relationship to other chapters
The ‘ashabah order automatically forms part of the hajb rules (chapter 05); what it does not cover is hajb affecting the ashabul furudh (a maternal half-sibling blocked by descendants, a grandmother blocked by the mother, and so on) and hajb nuqshan (a reduction in share). After those two chapters, you are ready for the calculation engine (chapter 06).
Sources: at-Tahqiqat al-Mardhiyyah, chapter on at-ta’shib; al-Mulakhkhash al-Fiqhi, Kitab al-Faraidh (Shamela 11811); Bukhari 6732 & 6736, Muslim 1615. Full list in 15-references.