Is there a distinction between returning charity through inheritance versus through purchase?
Chapter on Zakat on Sheep
Al-Mughni
Book of Zakat
Primary text
The return of charity through inheritance is permissible and valid because the ownership is established by law without the owner's choice, and it does not constitute a means leading to the forbidden ends associated with purchasing. This is supported by the consensus of scholars cited by Ibn 'Abd al-Barr, who differentiate it from purchasing. The prohibition on purchasing is affirmed over the general narration concerning inheritance because the specific, sound hadith regarding 'Umar's case concerning buying back the charity takes precedence over a general narration or a weak, isolated report (mursal).
Supporting text
Those who permit the return via inheritance, such as Ibn 'Umar and al-Hasan ibn Hayy, are exceptions to the general scholarly opinion that inheritance return is always permissible, as stated by Ibn 'Abd al-Barr. However, even among those who permit inheritance, the consensus is that inheritance is not equivalent to purchase because inheritance is established without the benefactor's intent or choice, unlike purchase which can be a means to the forbidden.