What is the ruling when the slave was acquired through purchase (compensation) and the estate size affects inheritance?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the sick person purchased his son for one hundred, and then died leaving another son and one hundred remaining in the estate, based on the first narration, the slave is freed and shares the remaining one hundred with his brother. If the remaining estate is three hundred, the slave is freed and inherits one hundred and fifty.

Supporting text

According to Al-Qadi's narration, two-thirds of the slave is freed and inherits forty, and the rest is freed by the brother, but he inherits nothing for that portion because his freeing occurred after his father's death. According to Al-Shafi'i, two-thirds of the slave is freed, but he does not inherit. Abu Hanifa holds that two-thirds are freed, and the remaining portion must be worked off, and he does not inherit. According to his companions, the entire slave is freed, but he inherits nothing. If the sick person had previously given away or favored someone with his one-third bequest, the slave is not freed because the one-third limit has already been exhausted.