Inheritance of a Freed Slave Belongs to the One Who Freed Him
Written by: Imran Ayub Lahori
❖ Principle
The inheritance of a freed slave belongs to the one who set him free. However, if the freed slave has male relatives (ʿAṣabah), the right of inheritance for the emancipator lapses. But after the distribution of fixed shares (Sihām), the remainder will go to the emancipator.
❖ Evidences
① Narration of ʿĀ’ishah (RA):
The Messenger of Allah ﷺ said:
الولاء لمن أعتق
“Al-Walā’ (the right of inheritance of a freed slave) belongs to the one who freed him.”
[Bukhārī: 6751, Kitāb al-Farā’iḍ: Bāb al-Walā’ liman Aʿtaqa wa Mīrāth al-Laqīṭ; Muslim: 1504]
② Narration from Qatādah (رحمه الله):
Salma bint Ḥamzah’s slave died leaving behind a daughter. The Prophet ﷺ granted half the estate to his daughter and half to Yaʿlā, the son of Salma.
[Aḥmad: 6/405; Talkhīṣ al-Jayr: 3/80; Majmaʿ al-Zawā’id: 4/231]
③ Narration of Ibn ʿAbbās (RA):
Ḥamzah’s slave died, leaving a daughter. The Prophet ﷺ gave half to his daughter and half to Ḥamzah’s daughter.
[Ḥasan: Irwā’ al-Ghalīl: 1696; Dāraquṭnī: 4/83; Ibn Mājah: 2734; Talkhīṣ al-Ḥabīr: 3/80; Dārimī: 2/337; Bayhaqī: 6/241]
④ Narration of Huthayl bin Shuraḥbīl:
A man came to ʿAbdullāh bin al-Zubayr (RA) and said:
“I freed a slave and declared him free (Sā’ibah). He has died leaving wealth behind but no heirs.”
ʿAbdullāh bin al-Zubayr (RA) replied:
وأنت ولى نعمته فلك ميراثه وإن تأثمت و تحرجت فى شيء فنحن نقبله ونجعله فى بيت المال
“You are his guardian by virtue of having freed him, so his inheritance belongs to you. But if you feel scruples or guilt about it, we will accept it and place it in the Bayt al-Māl.”
[Fatḥ al-Bārī: 13/531; Bukhārī (abridged): 6753]
