He replied:

If this money belonged to the depositor, the custodian must deliver to each heir his rightful share, whether or not its owner had earmarked it for his children. The custodian may not single out some heirs to receive it without the consent of the others, for the Prophet—may Allah bless him and grant him peace—said:

“Allah has given everyone entitled to a right his due, so there is no bequest for an heir.”

Even if the executor explicitly designated the money for certain heirs, this would not be permissible without the others’ consent, according to the unanimous agreement of the imams.

As for the man claiming ownership of the slave mother, no judgment may be given in his favour merely on the strength of his claim, by agreement of the Muslims—especially if he acknowledges having given the slave woman to the depositor, since this constitutes an admission that he transferred ownership to him. Rather, she is an umm al-walad (a slave woman who has borne her master a child), and his children by her are free. Even supposing that she actually belonged to the claimant, if the man who had intercourse with her believed that she was his own slave woman, his children are free, according to the unanimous agreement of the imams.

The custodian must safeguard these young children’s shares. If there is a knowledgeable, just and capable judge in the town who will safeguard this money for them, he should hand it over to him. If he finds no one who will safeguard it for them, he should retain it and trade with it in a proper manner. The profit belongs to the orphan, and the custodian’s reward is with Allah.

An umm al-walad inherits nothing from her master; but if one of her sons dies, [she inherits from him] (1). And Allah knows best.