What is the ruling on a sick person's acknowledgement that they freed a non-heir relative during their illness, if this acknowledgement implies inheritance?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the sick person acknowledged freeing a relative who would otherwise inherit (if not freed) during their illness, the acknowledgement of emancipation is not accepted if it necessitates inheritance for the beneficiary. This is because accepting the inheritance would mean acknowledging a transfer to an heir via a bequest, which is impermissible. Accepting the inheritance would invalidate the emancipation, which in turn would nullify the inheritance. Therefore, freeing the individual without them inheriting is deemed preferable.

Supporting text

The implication of Al-Qadi's statement is that the relative is freed and inherits, because at the time of the owner's death, the beneficiary is a free person, not a killer, nor an opponent in religion, and thus inherits as if they were inherited in the first place.