What is the ruling on the inheritance rights of a child whose freedom is established through the acceptance of a bequest made to their grandfather (the legatee's father)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a bequest is made to a man concerning his father (the grandfather), and the legatee dies before acceptance, and his son accepts, the bequest is valid, the grandfather is freed by the son, and the son inherits nothing from his own father (the deceased legatee), because the grandfather's freedom only became effective upon acceptance, which occurred after the inheritance rights of the deceased legatee had been passed to others.
Supporting text
On the alternative view, the grandfather's freedom is established retroactively to the moment of the testator's death, meaning the son inherits one-sixth from his father. Some Shafi'i scholars argue that the son also inherits nothing, because if he were to inherit, his acceptance would need to be considered; however, his acceptance cannot be considered before his freedom is established, leading to a contradiction where considering his acceptance invalidates his freedom, thus invalidating his inheritance.