Is a bequest made to the slave of one's own heir valid?
General Chapter
Al-Mughni
Book of Bequests
Primary text
A bequest made to the slave of one's own heir is treated like a bequest made to an heir, and it is contingent upon the approval of the heirs. This is the view of Al-Shafi'i and Abu Hanifa.
Supporting text
Malik stated that if the bequest is minor, it is permissible because the slave possesses it, and the master only has the right to take it from his hand; thus, a small bequest implies intent for the slave rather than the master. Our position maintains that since it is a bequest to the slave of an heir, it is analogous to a bequest of a large amount, and the claim of the slave's ownership is rejected, as the master still has the right to claim it, making it equivalent to a large amount.