What is the ruling on the inheritance rights of slaves (*siba') if some of them testify to a kinship relation (e.g., being brothers) after being freed, without confirmation from their enslaver?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If slaves, upon emancipation, testify that they are related (e.g., brothers), and their enslaver does not confirm this, the inheritance of each accrues to the enslaver. However, if their claim is substantiated by the testimony of Muslims, the lineage is established, and they inherit from each other.
Supporting text
If they were slaves and testified to kinship, and this was confirmed by evidence from Muslims, the lineage is established, regardless of whether the witness was a captive or not. The ruling for the enslaved who enter Muslim lands and claim kinship is that their lineage is established by their acknowledgment, just as the lineage of settled Muslims or Dhimmis is established by their acknowledgment, because this acknowledgment causes no harm to anyone, similar to their acknowledgment of financial rights. The opinion of Ahmad in another narration permits the testimony of non-Muslims in this matter due to the difficulty in obtaining Muslim witnesses, but the prevalent view rejects the testimony of disbelievers because if the testimony of a transgressor is rejected, that of a disbeliever is rejected more strongly. Their acknowledgment is rejected when it harms the enslaver by forfeiting his right to inheritance through *walaa* (allegiance) upon emancipation, unless the enslaver confirms it, in which case it is accepted because the right belongs to him.