Does a wife inherit if the divorce is made contingent upon the owner freeing the slave, and the husband knows of the owner's intent?

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 master of the slave says: 'You are free tomorrow,' and the husband, knowing of the master's statement, says to his wife: 'You are divorced tomorrow,' and the conditions are met before his death, the wife inherits. This is ruled as a divorce issued in anticipation of an event ('Farr') leading to inheritance.

Supporting text

If the husband was unaware of the master's declaration of manumission, the wife does not inherit due to the lack of intent to circumvent inheritance laws ('Farr'). This opinion is held by Abu Hanifa and his companions, as well as Al-Shafi'i, and no contrary opinion is known.