Continuation of the explanation of the chapter: The inheritance of the Christian slave, the Christian mukatab, and the sin of one who denies his offspring. - Chapter: One who claims a brother or a brother's son.
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The Shaykh : Well, in any case, regarding the three chapter headings: the inheritance of the Christian slave, the Christian mukatab, and the sin of one who denies his offspring, the author will mention one who claims lineage to other than his father.
As for the inheritance of the Christian slave, as Ibn Hajar (may Allah have mercy on him) said: there is no basis for it, because the slave and his wealth belong to his master. So if he dies, who does the wealth belong to?
It belongs to the master, not through inheritance, but because it is his property.
As for the mukatab, as he said: if he pays what is due from him, his wala' (clientage) belongs to the Christian. However, there is no inheritance between the Christian and the mukatab if the mukatab is a Muslim, due to the saying of the Prophet (peace and blessings be upon him):Sunan Abi Dawud 2909Sahih (Al-Albani). And if the Christian mukatab who has paid his contract remains a Christian, then inheritance applies between him and his master because they share the same religion. This is the precise ruling in this issue.
Al-Bukhari (may Allah have mercy on him) sometimes gives a chapter heading without mentioning a hadith, and it appears to me that this is for one of two reasons:
Either because there are hadiths in the chapter that do not meet his conditions, so his purpose in the heading is to point to these hadiths that do not meet his conditions.
Or he intends to include hadiths that meet his conditions, but he is unaware of hadiths that do not meet his conditions, yet he was unable to find them.
Either he did not find them after searching, or he passed away before completing the search.
As for the inheritance of the Christian slave, as Ibn Hajar (may Allah have mercy on him) said: there is no basis for it, because the slave and his wealth belong to his master. So if he dies, who does the wealth belong to?
It belongs to the master, not through inheritance, but because it is his property.
As for the mukatab, as he said: if he pays what is due from him, his wala' (clientage) belongs to the Christian. However, there is no inheritance between the Christian and the mukatab if the mukatab is a Muslim, due to the saying of the Prophet (peace and blessings be upon him):
A Muslim may not inherit from an infidel nor an infidel from a Muslim.
لا يرث المسلم الكافر ولا الكافر المسلمAl-Bukhari (may Allah have mercy on him) sometimes gives a chapter heading without mentioning a hadith, and it appears to me that this is for one of two reasons:
Either because there are hadiths in the chapter that do not meet his conditions, so his purpose in the heading is to point to these hadiths that do not meet his conditions.
Or he intends to include hadiths that meet his conditions, but he is unaware of hadiths that do not meet his conditions, yet he was unable to find them.
Either he did not find them after searching, or he passed away before completing the search.