contract session, he inherits from her. Thus, mutual inheritance is established merely by the marriage contract, and it ends with final separation. If a man divorces his wife and her waiting period ends, then he dies, mutual inheritance no longer remains. But if he divorces his wife and dies while she is still in her waiting period, the right of inheritance remains.
Is consummation or seclusion required? No.
Example: A man marries a woman without a guardian, then dies. Does she inherit from him? No, because the marriage is not valid; it is a defective marriage.
Another example: A man marries a woman, and after his death it becomes clear that she was his foster sister. She does not inherit from him, because the marriage is void. The difference between a defective marriage and a void marriage is that a defective marriage is one concerning which the scholars differ, whereas a void marriage is one whose invalidity they unanimously agree upon. Thus, marriage to a foster sister is void, because the scholars are unanimous concerning it; while marriage without a guardian is defective, because the scholars differ concerning it. Accordingly, there is no mutual inheritance in either a defective or a void marriage.
His statement, “and clientage,” refers to the connection between two people resulting from manumission. Inheritance through it is only from one side: the superior side, namely the emancipator. Thus, the emancipator inherits from the freed slave, whereas the freed slave does not inherit from the emancipator. Marriage gives rise to inheritance from both sides, while kinship sometimes gives rise to inheritance from both sides and sometimes from one side only. A nephew inherits from his paternal aunt, whereas she does not inherit from him, because she is among the distant kindred. Thus, the heirs are of three categories—glory be to Allah. This field of knowledge may be called threefold: its causes are three, its impediments are three, its conditions are three, and the categories of inheritance within it are likewise three.
His statement, “The heirs are fixed-share heirs, residuary heirs, and distant kindred”: a fixed-share heir is everyone who has a legally prescribed share, and the author, may Allah have mercy on him, will mention them. A residuary heir is one who inherits without a prescribed share. Therefore, when he is the sole heir, he takes all the estate by virtue of a single relationship; and if he