emancipated a slave, and he said to the Prophet (peace be upon him): What is your opinion regarding his wealth? He said: "If he dies and leaves no heir [7], then it is yours" [8].

Section: The mawla (emancipator) is given precedence in inheritance over the radd (return of remainder to blood relatives) and the dhawi al-arham (distant kindred), according to the opinion of the majority of scholars among the Companions, the Successors, and those who came after them. Thus, if a man dies and leaves behind his daughter and his mawla, his daughter receives the half, and the remainder belongs to his mawla. If he leaves behind a dhawi al-arham relative and his mawla, the wealth belongs to his mawla to the exclusion of his dhawi al-arham. It is narrated from Umar and Ali that they gave precedence to the radd over the mawla. And from them, as well as from Ibn Mas'ud, is the view that the dhawi al-arham are given precedence over the mawla. Perhaps they base their argument on the statement of Allah Almighty: {But blood relatives are closer to each other in the Book of Allah} [12]. Our evidence is the hadith of Abdullah ibn Shaddad, the hadith of al-Hasan, and because he is an asaba (agnatic heir) who is responsible for paying the diyah (blood money) on behalf of his mawla, thus he is given precedence over the radd and the dhawi al-arham, just like the paternal cousin.

Section: If the emancipated person has asaba from his lineage, or fixed-share heirs (dhawu furud) whose shares exhaust the estate, then the mawla receives nothing. We know of no disagreement regarding this, due to the aforementioned hadith and the statement of the Prophet (peace be upon him): "Assign the shares to their rightful owners; whatever remains after the fixed shares goes to the nearest male heir" [13]. In another wording: "to the nearest male asaba" [13]. The asaba through kinship are more entitled than the one with the right of wala', because he (the latter) is likened to kinship, and the original is stronger than that which is likened to it. Furthermore, kinship is stronger than wala' as evidenced by the fact that it involves the prohibition of marriage (tahrim), maintenance (nafaqah), the dropping of retaliation (qisas), and the rejection of testimony, none of which apply to wala'.