What is the rule regarding inheritance for a slave woman whose husband and master died simultaneously?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 2 · Bab 1

Open in Qurani

Primary text

She does not inherit anything from her husband. The foundational principle is her status as a slave, and her freedom is doubtful. Inheritance is not established under doubt. The distinction between inheritance and Iddah is that requiring Iddah is a precaution without detriment to others, whereas mandating inheritance negates the rights of others. Furthermore, the original state is that marriage is forbidden to her unless certainty of freedom arises, and the original state regarding inheritance is non-inheritance unless certainty is established.

Supporting text

If it is argued by analogy with the wife of a missing person whose estate is withheld upon her death due to doubt of his inheritance, the difference is that here the foundation is slavery and doubt regarding its removal and the condition for inheritance. For the missing person, the foundation is life, and doubt exists concerning his death and removal from the category of inheritors.