Does a bequest made to 'Mawali' (clients/freedmen) apply to the freedmen of the testator's son if the testator has his own living freedmen?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The freedmen of the testator's son do not receive anything if the testator has his own direct freedmen, because the freedman of the son is not a true freedman of the testator himself. The term 'Mawali' in its literal sense applies only to the testator's direct freedmen. When both the literal and figurative meanings (freedmen of the father) are present, the term must be restricted to the literal meaning where the specific quality (being a freedman of the testator) exists.
Supporting text
Zafar holds that the freedman of the son should inherit. Al-Sharif Abu Ja'far states that if the testator has no direct freedmen, the bequest goes to the freedmen of his father. This is justified by arguing that when the literal meaning is unattainable, the term must be referred to its figurative meaning to uphold the validity of the testator's statement.