Is a female slave who is emancipated as a bequest (falling within the permissible one-third of the estate) capable of inheriting from her former master after marriage?
General Chapter
Al-Mughni
Book of Bequests
Primary text
When the manumission occurs during the illness, and the emancipated woman is subsequently married, she is freed and inherits, provided the manumission is covered within the one-third limit of the estate. This is the chosen opinion among the companions of the school and aligns with Abu Hanifa’s view, as she meets the criteria for a valid marriage and lacks any prohibiting factors for inheritance (slavery, killing, religious difference).
Supporting text
Al-Shafi'i maintains that she is freed but does not inherit. If she inherits, her manumission is deemed a bequest to an heir, which results in the invalidation of the inheritance itself, thereby potentially nullifying the manumission and the subsequent marriage.