Do women inherit through *Walaa*?

Chapter on Inheritance of Wala'

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 2 · Bab 2

Open in Qurani

Primary text

Women do not inherit through *Walaa*, with the sole exception of the *Walaa* of the person they manumitted themselves, or the *Walaa* of one manumitted by someone they manumitted. This general rule is supported by the statement, 'And women do not inherit from *Walaa*,' except for what they themselves manumitted. This aligns with the established principles that *Walaa* is not inherited and that the manumitter is the source of the benefit. This is the apparent position (*Dhahir*) of the Madhhab according to Al-Qadi, reflecting Ahmad's view.

Supporting text

There is a narration attributed to Abu 'Abdillah (Imam Ahmad), concerning the daughter of the manumitter specifically, stating she inherits. This is based on the narration that the Prophet (peace be upon him) bequeathed inheritance to the daughter of Hamza from the person Hamza manumitted. However, the sounder view is the former, based on the consensus of the Companions and subsequent scholars, because the *Walaa* is like kinship, and the one related by *Walaa* is like a paternal uncle or brother; only the male descendants inherit from the freed slave.