Do the grandchildren( predeceased son’s children ) automatically inherit in the presence of the surviving son or sons of their deceased grandfather?

1.    Take the following example: the father has two sons ( Zaid and Yusuf) and a daughter( Fathima).

2.    Zaid dies in the lifetime of his father in a motor accident( that is, predeceases his father), leaving three children, two sons, and one daughter. ( “ grandchildren “)

3.    The father subsequently dies: he is survived by his son ( Yusuf) and his daughter ( Fathima), and his three grandchildren, being the children of the predeceased son, Zaid.

4.    Do the grandchildren ( children of the predeceased son, Zaid ) automatically inherit from the estate of their grandfather, in the presence of their surviving paternal uncle, Yusuf, according to the Islamic Law of Succession?

5.    Stated differently, do the grandchildren automatically step into the shoes of their predeceased father ( Zaid), and take the share ( 2/5th) that would have devolved upon their father, Zaid, had he survived their deceased grandfather?

6.    The answer by consensus is:  No. The fundamental principle in this specific context of the grandchildren surviving in the presence of their paternal uncle/s (being the living son or sons of the deceased) , the agreed applicable rule applies to the effect that the nearer in degree to the deceased excludes the more remote. الأقرب يحجب الأبعد

7.    The grandfather however has a mustahab duty to provide for the grandchildren, in these circumstances, either in his lifetime or through a wasiyah , namely, a voluntary testamentary bequest not exceeding one- thirds of the net estate, remaining after payment of debts. من ثلث ما بقى بعد الدين
 

8.    A wasiyah is not compulsory: it is a voluntary gratuitous testamentary bequest to a close relative or a third party , who is not a prescribed heir of the deceased at the time of his or her death , but it’s grant is limited to and does not exceed one - thirds of the net estate. تمليك مضاف الى ما بعد الموت بطريق التبرع
  

 9.    It is important, in the case of a predeceased child of a testator leaving children, that the testator chooses to make an appropriate bequest in the form of a wasiyah in his will, bequeathing an appropriate share to his or her surviving grandchildren, subject to the condition that such wasiyah must not exceed one - thirds of his or her net estate remaining after payment of debts. و تجوز بالثلث للأجنبي عند عدم المانع  : الدرر المختار

And Allah Knows Best
M S Omar
29 January 2022

Treasure Prophetic Dua

اللَّهُمَّ إِنِّي أَسْأَلُكَ الثَّبَاتَ فِي الأَمْرِ وَأَسْأَلُكَ عَزِيمَةَ الرُّشْدِ وَأَسْأَلُكَ شُكْرَ نِعْمَتِكَ وَحُسْنَ عِبَادَتِكَ وَأَسْأَلُكَ لِسَانًا صَادِقًا وَقَلْبًا سَلِيمًا وَأَعُوذُ بِكَ مِنْ شَرِّ مَا تَعْلَمُ وَأَسْأَلُكَ مِنْ خَيْرِ مَا تَعْلَمُ وَأَسْتَغْفِرُكَ مِمَّا تَعْلَمُ إِنَّكَ أَنْتَ عَلاَّمُ
الْغُيُوبِ

This comprehensive but concise, important, insightful authentic prophetic Dua covers all the noble objectives of this world and the hereafter. The Holy Prophet صلى الله عليه و سلم informed the well-known companion Shaddad bin Aws شداد بن اوس : “ if you see people hoarding gold and silver, then treasure these words”, because the benefits of this Dua are perpetual.

Translation
“ “O Allah,  I implore You for steadfastness in all matters of obedience ; I ask You for the tawfiq ( التوفيق)of  a firm determination to do righteous actions; I beg your tawfiq to show gratitude( through obedience) for the innumerable , countless blessings that you have conferred upon me;
and grant me the tawfiq to sincerely worship You in the best manner ( in accordance with the Sunnah) ; I ask You for truthful speech, and a pure sound heart secure from all spiritual diseases and bad qualities; I seek Your protection (from all classes of ) evil , of what You know; I ask You for all classes of good, of what You know ( because Your knowledge encompasses everything); and I seek forgiveness for what You know; ( as Allah knows every sin). You are the All-Knowing of the unseen.”
 

( authentic according to the conditions fixed by Imam Muslim). Narrated by Tirmidhi and Ibn Hibban. In another narration, Nasai and Hakim, the words خلقا مستقيما ( good character)has been added .see generally: Imam Shaukani: تحفة الذاكرين