Is the Mawla (manumitter) entitled to inheritance if the deceased has male relatives by consanguinity or female sharers whose portions exhaust the estate?

General Chapter

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 1 · Bab 1

Open in Qurani

Primary text

The Mawla (manumitter) receives nothing of the inheritance if the deceased leaves behind male relatives through lineage (asaba) or fixed-share inheritors (dhawu furud) whose shares completely exhaust the estate. There is no known disagreement on this matter. The basis for this ruling is established by previous narration, and by the Prophet's saying, "Attach the fixed shares to their rightful owners, and whatever remains after the shares, it is for the closest male relative (awla rajulin dhakar)." Another narration states, "It is for the closest male relative among the asaba (male kin)." The male relative through lineage (asaba) takes precedence over the Mawla because lineage is analogous to the primary relationship, and the analogy is deemed weaker than the original source. Furthermore, lineage is stronger than manumission (wala') because lineage entails prohibitions regarding marriage, financial support (nafaqa), the dropping of retribution (qisas), and the acceptance of testimony, none of which are entailed by the wala'.