Who has priority between the freedman/master (al-Mawla al-Mu'tiq) and his relatives (Dhawu al-Arham)?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 8 · Bab 5

Open in Qurani

Primary text

The freedman/master and his residuary heirs have priority over the collateral relatives. This is the consensus of the majority of Companions and others, including those who do not otherwise recognize inheritance for Dhawu al-Arham. This is supported by the saying of the Prophet (peace be upon him): 'The maternal uncle inherits from one who has no inheritor, and the freedman inherits.' Furthermore, the freedman performs allegiance (ya'qilu) and provides protection (yansuru), thus resembling the residuary heirs by lineage.

Supporting text

It is reported from Ibn Mas'ud, his son Abu 'Ubaydah, 'Ubayd Allah ibn 'Abd Allah ibn 'Utbah, and others that the freedman is superseded by the collateral relatives.