Does a captive Muslim held by non-believers inherit?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The captive Muslim whose life is known inherits. This is the position held by the majority of jurists. The evidence for this is that non-believers do not gain ownership over free individuals through subjugation, thus the captive retains his freedom and is entitled to inherit, similar to a free man.
Supporting text
Sa'id ibn al-Musayyab held the view that the captive does not inherit because he is considered a slave. This view is deemed incorrect.