Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-04a
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The reciter: Ibn Salam narrated to us, Waki' informed us, from Sufyan, from Mansur, from Ibrahim, from al-Aswad, from A'ishah, she said: The Messenger of Allah (peace and blessings be upon him) said: Sahih al-Bukhari 6760.
The Shaykh : The author said: The chapter on what women inherit from loyalty, and what women do not inherit from loyalty. Indeed, women do not inherit through loyalty except those who freed [slaves], meaning those who directly performed the act of freeing, or those who were freed by those who freed them. They do not inherit loyalty through kinship. For this reason, the scholars (may Allah have mercy on them) said: Loyalty is a type of collateral inheritance that is established for the manumitter and his collateral heirs who are collateral heirs in their own right only.
And during our study of inheritance, we gave an example to clarify this. We said: If a man freed a slave named Sa'id, and this man had a son named Khalid and a daughter named Fatimah, then if the father died, his two children, Khalid and Fatimah, would inherit from him as collateral heirs, with the share of two females. What kind of collateral inheritance is this?
It is kinship-based collateral inheritance, my brothers, a relative. So if the slave whom their father freed died, only Khalid would inherit from him, while Fatimah, who is the daughter of the manumitter, would not inherit.
So the rule is that women do not inherit through loyalty except those who freed [slaves] or those who were freed by those who freed them.
An example of those who freed [slaves] is the hadith of A'ishah. Indeed, loyalty was established for A'ishah regarding Barirah because she freed her. So if Barirah had bought a slave and freed him, his loyalty would belong to A'ishah. His loyalty, meaning the loyalty of manumission, would belong to A'ishah, because he was freed by the one who freed him. Is that clear? Good.
The wala is for the one who gives the silver (pays the price) and does the favor (of manumission after paying the price).
الولاء لمن أعطى الورق، وولي النعمةThe Shaykh : The author said: The chapter on what women inherit from loyalty, and what women do not inherit from loyalty. Indeed, women do not inherit through loyalty except those who freed [slaves], meaning those who directly performed the act of freeing, or those who were freed by those who freed them. They do not inherit loyalty through kinship. For this reason, the scholars (may Allah have mercy on them) said: Loyalty is a type of collateral inheritance that is established for the manumitter and his collateral heirs who are collateral heirs in their own right only.
And during our study of inheritance, we gave an example to clarify this. We said: If a man freed a slave named Sa'id, and this man had a son named Khalid and a daughter named Fatimah, then if the father died, his two children, Khalid and Fatimah, would inherit from him as collateral heirs, with the share of two females. What kind of collateral inheritance is this?
It is kinship-based collateral inheritance, my brothers, a relative. So if the slave whom their father freed died, only Khalid would inherit from him, while Fatimah, who is the daughter of the manumitter, would not inherit.
So the rule is that women do not inherit through loyalty except those who freed [slaves] or those who were freed by those who freed them.
An example of those who freed [slaves] is the hadith of A'ishah. Indeed, loyalty was established for A'ishah regarding Barirah because she freed her. So if Barirah had bought a slave and freed him, his loyalty would belong to A'ishah. His loyalty, meaning the loyalty of manumission, would belong to A'ishah, because he was freed by the one who freed him. Is that clear? Good.