Muwatta 1459

A saying of Malik: when the grandfather and full brothers are assigned a fixed share with someone else, he begins with those heirs of fixed shares who share with them, and they receive their shares. What remains after that goes to the grandfather and the brothers, and one considers which is best for the grandfather's share: that he receive a third of what is left for him and the brothers, or that he be like one of the brothers and share with them an amount like one of their portions, or a sixth of the whole capital. Whichever is best for the grandfather's share, he is given. Malik mentions one case where their division goes otherwise: a woman died leaving her husband, her mother, her sister by both parents and her grandfather. ¹

Belongs to the Muwatta, Book of Inheritance Shares. Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on inheritance shares.