To whom does a bequest (Wasiyyah) made to one's 'Mawali' (clients/freedmen) apply if the testator has both 'Mawali min fawq' (those who freed him or his ancestors/upper connections) and 'Mawali min asfal' (those he freed)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The bequest applies to all of them collectively and they share equally, because the term 'Mawali' encompasses all of them factually and customarily, similar to a bequest made to one's brothers. This collective inclusion establishes designation, as evidenced by the ruling that swearing not to speak to any of one's 'Mawali' is fulfilled by speaking to any one of them. Therefore, the designation is established through generality.
Supporting text
The People of Opinion (Ashab al-Ra'y) argue the bequest is void because it is directed toward an unspecified group. Abu Thawr suggests drawing lots between the two groups as neither has precedence. Ibn al-Qasim states it belongs only to those he freed directly ('Mawali min asfal'). The followers of Al-Shafi'i offer four views: agreement with the primary opinion, the bequest being void, the bequest going only to 'Mawali min fawq' because they are stronger (evidenced by them being residuary heirs, unlike direct freedmen), or the matter being suspended until they reconcile.