Does the master inherit from his freed slave if the latter dies without heirs?

General Chapter

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 3 · Bab 1

Open in Qurani

Primary text

The master inherits the entire estate of his freed slave if the freed slave dies and leaves no other heir, provided that both share the same religion. This principle is based on the hadith that *Al-Wala* is a tie like the tie of lineage, and lineage confers inheritance. Evidence supporting the master's inheritance includes a ruling by the Prophet, peace be upon him, where he allocated half the estate to the freed slave's daughter and the other half to the freed slave's *Mawlah* (female manumitter), and the statement that inheritance goes to the *'asabah* (male residuary heirs), and if there is no *'asabah*, it goes to the *Mawla* (master/patron). Another report states that if the freed slave dies leaving no heir, his wealth belongs to the master.

Supporting text

It is reported that the Prophet, peace be upon him, cursed one who claims allegiance to someone other than his rightful patrons (*mawālihi*).