Does the Mawla (freedman/legatee) inherit before the Returning Heirs (Al-Radd) and Distant Kindred (Dhawi Al-Arham)?
General Chapter
Al-Mughni
Book of Walā' (Patronage)
Primary text
The Mawla inherits before the Returning Heirs and the Distant Kindred. This is the position held by the majority of scholars among the Companions, Successors, and those who followed them. If a man dies leaving behind only his daughter and his Mawla, the daughter receives half of the estate, and the remainder goes to the Mawla. If he leaves a Dhu Rahm (a relative inheriting through a woman) and his Mawla, the entire estate belongs to the Mawla, excluding the Dhu Rahm. The evidence for this ruling is the Hadith narrated by Abdullah ibn Shaddad and the Hadith of Al-Hasan. Furthermore, the Mawla is considered an 'Asabah (residuary heir) who pays blood money ('Aql) on behalf of his freedman, thus he takes precedence over Al-Radd and Dhawi Al-Arham, similar to the paternal cousin.
Supporting text
There is a narration from 'Umar and 'Ali stating that the Returning Heirs (Al-Radd) take precedence over the Mawla. Furthermore, a view narrated from them and from Ibn Mas'ud holds that the Distant Kindred (Dhawi Al-Arham) take precedence over the Mawla. The basis for this latter opinion is likely derived from the verse in the Quran: "And those who are related are nearer to one another in the Book of Allah" (Quran 8:75).