Does the master's agnatic heirs (asabah) inherit from the freed slave if they share the deceased's religion?

General Chapter

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the master has agnatic heirs (asabah) who follow the religion of the freed slave, those heirs inherit from the freed slave, taking precedence over the master. This is analogous to a situation where the nearest heir among the asabah follows a different religion than the deceased, while a more distant heir shares the deceased's religion; the more distant heir who shares the religion inherits, excluding the nearer one.

Supporting text

Dawud held that the master's agnatic heirs do not inherit while the master is alive.