If a man bequeaths that his slave woman be freed from his estate, and she then becomes the mother of his child, does she inherit from him?
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Fatwa No. ( 8472 )
Q: I was the slave woman of the late Sulayman ibn 'Ubayd al-Rashid, and he bequeathed that I be freed from one-third of his wealth before I gave birth to his child, and the bequest remained as it was, unchanged, after I gave birth to his child while he was still alive, and my son was five years old when he passed away, and Allah took him away seventeen years ago, and the bequest is still in its current state. I ask your eminence to clarify the legal ruling regarding my demand to execute the bequest in which he stated that I be freed from one-third of his wealth, or does the slave woman have no right to anything from the bequest for my freedom after his death and my giving birth to his child? And does the slave woman have the right to inherit her master after his death, now that she has become the mother of one of his sons, just like his free wives? May Allah reward you with good.
A: If the situation is as you described, first: you have no right to any part of the aforementioned bequest; because a bequest does not become established or become obligatory to execute until after his death, and you became free upon his death because you are the mother of his child.
Second: You are not his wife, but rather his slave woman, and then you became free after his death because you are the mother of his child, so you have no right to inheritance from his estate. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I was the slave woman of the late Sulayman ibn 'Ubayd al-Rashid, and he bequeathed that I be freed from one-third of his wealth before I gave birth to his child, and the bequest remained as it was, unchanged, after I gave birth to his child while he was still alive, and my son was five years old when he passed away, and Allah took him away seventeen years ago, and the bequest is still in its current state. I ask your eminence to clarify the legal ruling regarding my demand to execute the bequest in which he stated that I be freed from one-third of his wealth, or does the slave woman have no right to anything from the bequest for my freedom after his death and my giving birth to his child? And does the slave woman have the right to inherit her master after his death, now that she has become the mother of one of his sons, just like his free wives? May Allah reward you with good.
A: If the situation is as you described, first: you have no right to any part of the aforementioned bequest; because a bequest does not become established or become obligatory to execute until after his death, and you became free upon his death because you are the mother of his child.
Second: You are not his wife, but rather his slave woman, and then you became free after his death because you are the mother of his child, so you have no right to inheritance from his estate. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.