‘Awf, Zayd ibn Thabit, and another man. He said: We are still debating it until this hour. It was narrated by Abu Dawud and Ibn Majah in their Sunan (6). The correct view is the first one, for wala’ is not inherited as we mentioned previously. It is only inherited through it, while it remains for the emancipator; the closest of his ‘asaba inherits through it, and whoever is not among his ‘asaba inherits nothing. The ‘asaba of the son are not the ‘asaba of his mother, so foreigners do not inherit from her through her wala’ to the exclusion of her ‘asaba. The hadith of ‘Amr ibn Shu’ayb is a mistake. Humayd said: People consider ‘Amr ibn Shu’ayb to be mistaken in this hadith. Therefore, based on this, the mawla does not inherit from the emancipated slave from the relatives of his emancipator except for his ‘asaba, the closest of them, and then the next closest, according to what we mentioned regarding the order of the ‘asaba. No one entitled to a fixed share (fard) inherits by virtue of that share, nor does a uterine relative (rahim). If someone among them combines both a fixed share and agnatic inheritance (ta‘sib), such as the father, the grandfather, or the husband and the maternal brother if they were both cousins, he inherits by virtue of the ta‘sib he possesses, and he does not inherit anything by his fixed share. If there are ‘asaba of the same degree, such as sons and their sons, brothers and their sons, and paternal uncles and their sons, they divide the inheritance among themselves equally. There is no disagreement regarding any of this, except for the anomalous (shadhdh) opinions we mentioned. And Allah knows best.

1062 - Issue: He said: (If the emancipated slave dies and leaves behind the father of his emancipator and the son of his emancipator, then the father of his emancipator receives one-sixth, and what remains belongs to the son.)

Ahmad explicitly stated this in a narration from a group of his companions. He said the same regarding the grandfather of the emancipator and his son. He said: The grandfather, the brother, and the son are not of such rank that they merit inheritance [in the same way]. This is the opinion of Shurayh, al-Nakha‘i, al-Awza‘i, al-‘Anbari, Ishaq, and Abu Yusuf. It is reported from Zayd that the property belongs to the son. This is also the opinion of Sa‘id ibn al-Musayyib, ‘Ata’, al-Sha‘bi, al-Hasan, al-Hakam,