not present in him. The hadith of Rashid is mursal (disconnected), and the hadith of [Abu Umamah contains Mu'awiyah] (16) ibn Yahya al-Sadafi, who is weak, and the hadith of Tamim was criticized by al-Tirmidhi.

Section: If a man enters into a contract with another man, saying: "I have contracted with you that you shall inherit from me and I shall inherit from you, and you shall pay blood money for me and I shall pay blood money for you," then this contract has no legal standing, and no inheritance or blood money (payment) is attached to it. This is the opinion of al-Shafi'i. Al-Hakam, Hammad, and Abu Hanifah said: It is a valid contract, and each of them may rescind it (17) as long as one has not yet paid blood money for the other. Once he has paid blood money for him, it becomes binding, and he inherits from him if he has not left behind any heir of kinship (dhu rahim), based on the words of the Almighty: "And those whom your oaths have bound, so give them their share" (18). This is because this is like a bequest, and the bequest of one who has no heir to his entire estate is permissible. Our evidence is the saying of the Prophet (peace be upon him): "Wala' belongs only to the one who emancipated." Also, because the causes of inheritance are confined to kinship, marriage, and wala'; this is not among them, and the verse was abrogated by the verse of inheritance. For this reason, he does not inherit anything alongside an heir of kinship. Al-Hasan said: It was abrogated by: "But those of blood relationship are more entitled to one another in the Book of Allah" (19). Mujahid said: "Give them their share" refers to blood money, support, and assistance. This is not a bequest (20), for the legatee (al-wasi) does not pay blood money, and thus he may rescind it, whereas this [contract] is, in their view, the opposite.

Section: A foundling (laqit) is free, and there is no wala' over him, according to the opinion of the majority and the jurists of the urban centers. It was narrated from 'Umar that his wala' belongs to his finder. This is the opinion of al-Layth and Ishaq. From Ibrahim: If he intended to inherit from him, then that is so. It has been narrated from the Prophet (peace be upon him): "A woman possesses (21) three inheritances: her foundling, her freed slave, and her child whom she has invoked curses upon (li'an)" (22). Our evidence is the saying of the Prophet (peace be upon him): "Wala' belongs only to the one who emancipated." Furthermore, he is not a relative, nor a freed slave, nor one joined by marriage, so he does not inherit, just like a stranger. There is also criticism regarding the hadith.