Does the master inherit from his freed slave when their religions differ?

General Chapter

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 2 · Bab 1

Open in Qurani

Primary text

The established opinion of the majority of scholars is that the master does not inherit from his freed slave if their religions differ. This is due to the saying of the Prophet, peace be upon him: "A Muslim does not inherit from an unbeliever, nor does an unbeliever inherit from a Muslim." Moreover, inheritance is nullified by a difference in religion, just as it is in the case of kinship inheritance. Since difference in religion prevents inheritance through kinship, which is stronger, it certainly prevents inheritance through the Wala', which is considered weaker. The Prophet, peace be upon him, likened the Wala' to kinship through the statement: "The Wala' is a tie like the tie of kinship." Just as a difference in religion prevents mutual inheritance when kinship is valid and established, it prevents it when the Wala' is valid and established. If both are united in Islam, they inherit from each other like those related by kinship. This is the sounder position based on transmitted reports and reasoning.

Supporting text

One view, narrated from Ali and Umar ibn Abd al-Aziz, and held by Ahl al-Zahir, is that the master does inherit. Ahmad supported this by the saying of Ali: "The Wala' is a branch of slavery." Malik held that a Muslim inherits from his Christian master because he was legally qualified to own him, but a Christian does not inherit from his Muslim master because he was not qualified to own him. Furthermore, if the master has heirs (asabah) who share the religion of the deceased freed slave, those heirs inherit from the freed slave, excluding the master himself, based on the principle that the nearer relation (in religion) takes precedence over the more distant one (the master).