What is the ruling regarding a person whose manumission is partial (M'utaq Ba'duhu) regarding his acquired wealth upon death?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 3 · Bab 5

Open in Qurani

Primary text

When a person whose manumission is partial acquires wealth and dies, the disposition depends on how the wealth was earned. If the earnings are from the portion that is free (e.g., if his master had contracted his future benefit, or if he inherited something), then the inheritance is due only to his free portion. If he had partitioned his earnings with his master during his lifetime, the entirety of his estate goes to his heirs, and the remaining owner has no claim. This is the position of Ali, Ibn Mas'ud, Uthman Al-Batti, Hamza Al-Zayyat, Ibn Al-Mubarak, Al-Muzani, and the Ahl al-Dhahir. This means that he inherits and is inherited from, and he is shielded (from full inheritance by other heirs) according to the extent of his freedom.

Supporting text

Zayd ibn Thabit held that he neither inherits nor is inherited from, and his rulings are those of a full slave. Malik and Al-Shafi'i (in his old view) held that his wealth belongs entirely to the remaining master. Some scholars state that all that he leaves is divided between him and his master, but this is considered incorrect because a partner who has fully satisfied their right from the earnings does not retain a right over the remainder, nor over what was earned by the other half's freedom.