How is inheritance distributed for a person whose manumission is partial, according to the view that partial freedom dictates partial inheritance rights?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 4 · Bab 5

Open in Qurani

Primary text

If the inheritance rights are established based on the extent of freedom, the distribution is as follows: the heir with a fixed share (fard) receives according to his proportion of freedom. If the heirs are residual heirs (asabah), their share is assessed based on their degree of freedom relative to full freedom. If there are two residual heirs whose freedom combined does not equal full freedom, there are two considerations: either the freedom is compounded between them, or it is not. The correct position is that freedom is not compounded because a thing is not completed by what negates it, nor can what contradicts it be combined. Inheritance is determined by analogy to related scenarios, such as the rulings concerning Khuntha (intersexual individuals).

Supporting text

One consideration is to fully count the freedom between them; if one achieves full freedom through combination, they both inherit the full inheritance of a free man and divide it proportionally. The alternative view is not to compound freedom because that would negate the effect of slavery. In cases where one heir would fully shield another if they were fully free, there are also differences of opinion regarding how to apply the partial freedom.