Darimi

Abdul Malik narrated, from Ata: A man who, after his death, leaves behind only a mukatab slave (a slave whose freedom is set for a specified amount) and has sons and daughters—will the women have any share in the inheritance from the slave? Ata said: The women will have a share from the amount that remains to be paid according to the mukataba, and the wala’ (right of inheritance) will be only for the men, not for the women, except for the amount they have specified or have freed.

It is narrated from Laith that Tawus (may Allah have mercy on him) said: Women do not inherit the right of wala’ except for the (wala’) of the one whom they (themselves) set free, or the one who sets free the person whom they had set free.

It is narrated from Mu’ammar that Yahya bin Abi Kathir said: A man passed away and he left behind a slave under a contract of manumission (mukatab). Then that mukatab also died. In this situation, Ibn al-Musayyib and Abu Salamah bin Abdur Rahman divided the amount remaining from the contract of manumission among the owner’s sons and daughters (male and female). Then, whatever wealth of the mukatab remained after the contract of manumission, it was divided among the male heirs of the slave’s owner, not among the women.

It is narrated from Ibrahim, may Allah have mercy on him, that Sayyiduna Umar, Sayyiduna Ali, and Sayyiduna Zaid, may Allah be pleased with them, said: The right of wala’ (inheritance) belongs to the men, and these noble companions did not consider women to be heirs of wala’, except for the one whom they themselves set free or entered into a contract of manumission for a specified amount.

Abu Qilabah, Sa'id bin al-Musayyib, and Sulayman bin Yasar said: Women will not inherit Wala' except for those women who have freed or made a contract of emancipation (mukatabah).

Hasan (may Allah have mercy on him) said: Women will not inherit the right of wala’ except for those women who freed (the slave), or the slave whom they freed then freed someone else, and except for the woman who performed li’an (mutual cursing), because she will inherit the one whom her son freed, the son whom her father denied (by saying: this boy is not mine).

It is narrated from Salim that his father, Sayyiduna Abdullah (may Allah be pleased with him), used to inherit from the freed slaves of Sayyiduna Umar (may Allah be pleased with him), except for Umar’s daughters, meaning he would not give anything to the daughters from the wala’ (allegiance) of the slaves.

It is narrated from Khalid al-Hadha: Abu Qilabah said: A woman died and left behind her children who inherited her wealth, and she also left slaves. Then her sons also died. Abu Qilabah said: In such a case, the right of inheritance of the slaves will go to the woman's 'asaba (male agnates), that is, brothers and so on, whose share is not fixed in the obligations of Shariah and who are entitled to the remaining share.

Mansur said: I asked Ibrahim, may Allah have mercy on him: A man made a contract of manumission with his slave, then passed away and left behind male and female heirs? He said: It will be only for the men, not for the women.

Yunus (ibn Ubayd) narrated from Hasan (may Allah have mercy on him), who said: If a woman dies and leaves behind a slave, then the right of inheritance (wala’) will belong to her sons, and if there are no sons, meaning they have died, then the wala’ will revert to the woman’s ‘asaba (male agnates).

It is narrated from Mughira that Ibrahim (may Allah have mercy on him) said: Women have no share in wala’ (the right of inheritance from a freed slave), except for the woman who herself frees a slave.

It is narrated from (Abdullah) Ibn Awn, Muhammad (Ibn Sirin, may Allah have mercy on him) said: The freed slave of Sayyiduna Umar (may Allah be pleased with him) passed away, so Sayyiduna Ibn Umar (may Allah be pleased with them both) asked Sayyiduna Zaid bin Thabit (may Allah be pleased with him) whether there is anything from the inheritance for the daughters of Sayyiduna Umar (may Allah be pleased with him). He replied: In my opinion, there is nothing for them, but if you wish to give them something, you may do so.

It is narrated from Hisham, from his father, who said: The right to allegiance (wala’) belongs to the one who is entitled to inheritance.

It is narrated from Abu Bakr bin Amr bin Hazm that a woman from Banu Muharib gifted the wala’ (right of inheritance) of her slave to the same (slave) and set him free. That slave then gave his wala’ (right of inheritance) to Abdur Rahman bin Amr bin Hazm. Later, when the woman died, the freed slave’s mawali (clients) filed a case before Sayyiduna Uthman (may Allah be pleased with him). Sayyiduna Uthman (may Allah be pleased with him) asked for proof of his statement. The slave brought the proof, so he (Uthman) decided: “Go, and appoint whomever you wish as your wali (patron).” Thus, he appointed Abdur Rahman bin Amr bin Hazm as his wali, that is, as the inheritor of the wala’.