What is the ruling if a person, who is not yet an heir (specifically the son of a paternal uncle, 'ibn 'ammih'), admits during their illness that they had emancipated this person during their health, and this person subsequently becomes the nearest residuary heir ('asabatuhu)?

General Chapter

Al-Mughni

Book of Acknowledgment of Rights

Book 20 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the sick person admits during illness that they had freed their cousin (who is the nearest residuary heir) while healthy, the emancipation stands, and inheritance is denied. This is because acknowledging the inheritance would nullify the admission of freedom (as an emancipated slave cannot inherit from their former master, and granting inheritance invalidates the prior declaration of freedom). Since affirming inheritance leads to the nullification of that very inheritance, the inheritance itself is suppressed, preserving the validity of the emancipation.

Supporting text

There is an alternative consideration suggesting that the cousin should inherit. This view rests on the premise that at the moment of the admission, the cousin was not an heir, thus validating the declaration of freedom, similar to the previous general ruling on admissions to non-heirs.