What is the consequence if a slave whom the owner is obligated to free (without compensation) is inherited by another heir, such as the slave being a relative?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the slave is freed and inherits, it is because the cause for inheritance (kinship) was found free from impediments, just as if the ownership had been acquired through inheritance directly. The argument that the freeing is a bequest to an heir is invalid because the freeing is not the owner's direct act or will; rather, the ownership of the freed person is not acquired by the owner, but rather its monetary value is eliminated, which is comparable to the loss of wealth from killing some of one's slaves or expending wealth to build a mosque. For example, if a son gifts a slave to his sick father, and the father accepts, and the slave's value is one hundred, and the sick person dies leaving another son and two hundred dinars, the gifted slave is freed and inherits, sharing the remaining two hundred with his brother, according to the majority. If the remaining estate is fifty, the slave is freed and inherits fifty, which is the position of Malik.
Supporting text
According to Al-Shafi'i (as narrated by those other than Al-Khabari), the slave is freed but inherits nothing. According to Abu Hanifa's companions, the slave is freed and is entitled to half the estate, meaning his value of one hundred is counted against the bequest, leaving fifty for him. If the remaining estate is fifty, Abu Hanifa's companions rule that three-quarters of the slave is freed. According to Al-Shafi'i (as narrated by those other than Al-Khabari), half the slave is freed, and the remaining half is considered an unfulfilled portion, and the entire fifty goes to the brother.