Is a contract binding where parties stipulate mutual inheritance (irth) and blood-money liability (aql)?
Chapter on Inheritance of Wala'
Al-Mughni
Book of Walā' (Patronage)
Primary text
This contract has no legal effect; it establishes neither inheritance nor blood-money liability. This is the position held by Al-Shafi'i. The basis for this position is that the established causes for inheritance are limited to kinship (rahim), marriage (nikah), and manumission (walaa'), and this contract does not fall under any of these categories. Furthermore, the Quranic verse cited by the opposing view, "And those whom your right hands have bound, give them their share" (Quran 4:33), is abrogated by the verse concerning the distribution of shares of inheritance. The evidence used to support abrogation is the Hadith stating, "The walaa' (loyalty/inheritance based on manumission) belongs only to the one who freed the slave."
Supporting text
Al-Hakam, Hammad, and Abu Hanifa hold that this contract is valid, and either party may revoke it unless one party has already assumed liability for the blood-money of the other. If the liability (aql) is assumed, the contract becomes binding, and each party inherits from the other if the deceased leaves no blood relatives (dhu rahim). They rely on the verse "And those whom your right hands have bound, give them their share" (Quran 4:33) and argue that this arrangement is analogous to a bequest (wasiyyah), which is permissible for one without heirs to will away all their property. Al-Hasan stated that this verse was abrogated by "And those of the blood are nearer to each other in the Book of Allah" (Quran 8:75). Mujahid interpreted the verse as referring to a share of blood-money, aid, and hospitality, not inheritance.