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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Inheritance of the Umm al-Walad from her husband

Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, if a husband dies leaving behind an Umm al-Walad whom he did not free before he died, does she inherit from him?

The Shaykh:
It is correct that the Umm al-Walad is a slave, and it is correct that the Umm al-Walad is a slave and does not inherit. However, by consensus, she is a slave. Some scholars say that she is freed when her master dies; he does not sell her as long as he is alive. As long as he is alive, she remains under his ownership, but he does not sell her because she is like a Mudabbar. So when he dies, she is freed. Others say, no, she is a slave and can be sold. This is the correct view, which Ibn al-Qayyim supported in *I'lam al-Muwaqqi'in* and other works: that the Umm al-Walad is a slave, and it is permissible to sell her, give her away, or make a gift of her, and she does not inherit. Yes.

The questioner:
Please proceed.

The Shaykh:
Right of possession. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 45 من 89|شرح العدة في شرح العمدة|كتاب الفرائض|باب موانع الميراث|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:02:45)

The Arabic text is a machine transcription of the audio recording.

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