Does a slave inherit if they are manumitted after the death of the Muslim predecessor but before the division of the estate?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 5 · Bab 5

Open in Qurani

Primary text

A slave who is manumitted before the distribution of the inheritance does not inherit. This is stated by Ahmad in the narration of Muhammad ibn al-Hakam, distinguishing manumission from conversion to Islam. This is the stance of the majority of jurists among the Companions and subsequent scholars. This is because Islam is an act of worship greater than all obedience, and the Lawgiver incentivized it with the ruling of inheritance. Manumission is not an act performed by the slave himself, and thus cannot be analogized to conversion.

Supporting text

A narration from Ibn Mas'ud suggests that he should inherit. Mak'hul and Qatadah also held that a slave who is freed before division inherits because the impediment to inheritance is removed before division, likening it to conversion. Al-Hasan al-Tamimi suggested that the opinion supporting inheritance for a Muslim should imply inheritance for a manumitted slave.