Is a will (*Wasiyyah*) valid for a slave?

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

A will is valid for a slave. This is evidenced by the fact that a will can be made to benefit a slave, drawing an analogy that if a will is valid for him, he should also inherit, contrary to the argument that he lacks full legal capacity.

Supporting text

The argument against full inheritance capacity based on the lack of ownership capacity is not applicable to wills because a will made in favor of the master is valid, whereas the slave himself has no inheritance rights. Furthermore, arguments based on differing religious beliefs (*mukhtalifi ad-dayn*) invalidate analogies regarding inheritance.