in which case his master inherits from him by virtue of his ownership of him. A Muslim’s estate passes to his Muslim heirs, unless a disbeliever’s slave embraces Islam and dies before his master is compelled to sell him; his master then inherits from him by virtue of his own ownership?

Nor does inheritance pass between a free person and a slave or anyone who remains partly enslaved, whether under a manumission contract, promised freedom upon the master’s death, due to be freed at a specified time, or a slave woman who has borne her master a child. Their estates pass to their masters rather than their relatives, unless they are emancipated or, in the case of such a slave mother, her master dies. If her master dies, she gains her freedom. Her children by her master, and her daughter’s children by someone other than her master, are also freed upon the master’s death. Thus, no inheritance passes between them and their relatives unless the master dies or their emancipation is brought forward. The children whom a partly enslaved man has by his own slave woman have the same status as him.

A newborn neither inherits nor leaves an inheritance unless it cries aloud at birth. An intentional killer inherits nothing from either the victim’s estate or the blood money. An accidental killer inherits from the estate, but not from the blood money. Both also inherit patronage.

Neither a child born of fornication nor a child disowned through mutual imprecation inherits anything from his father; neither of the two inherits from him. If the father who disowned his son through mutual imprecation subsequently acknowledges him, the father receives the prescribed punishment, the son’s lineage is established through him, and the son inherits from him. If a fornicator acknowledges a child born of his fornication, the child’s lineage is not established through him if the fornication occurred after the advent of Islam.

People whose order of death is unknown do not inherit from one another. This includes members of a household who all die through drowning, the collapse of a building, or some other cause, when it is not known who died before whom. Each person’s estate passes to his surviving heirs; none inherits from another of the deceased.

People born in a land of polytheism, such as captives and those admitted under a guarantee of safe conduct, do not inherit from one another unless their kinship is established by testimony, or they arrived together in a large group whose members testify to one another’s kinship. Twins born to a captive woman or a woman admitted under safe conduct inherit from one another as full siblings, whereas twins born to a woman who committed fornication inherit from one another only as maternal half-siblings. There is disagreement concerning twins born to a woman who was raped or a woman whose husband disowned her children through mutual imprecation. The well-known position concerning the latter is that they inherit from one another as full siblings; the well-known position concerning twins born to a woman who was raped is that they inherit from one another only as maternal half-siblings. Success comes only from Allah Most High.

Section
Inheritance of an Intersex Person

An intersex person whose sex cannot be determined is allotted half the inheritance share of a male and half that of a female, according to the position adopted by the scholars of inheritance law, though there is disagreement on this matter. Such a person cannot be a husband or a wife