If it is objected that a woman may be a wife without inheriting, as in the case of a non-Muslim woman under Muslim protection or an enslaved woman, the response is: In their view, marriage (1) to a protected non-Muslim woman is not permitted, while marriage to an enslaved woman takes place (2) only in cases of necessity. Yet they permit temporary marriage without restriction.

It may further be said: Marriage to a protected non-Muslim woman or an enslaved woman is a cause of mutual inheritance, but an impediment exists—namely slavery or unbelief. Likewise, lineage is a cause of inheritance (3), except (4) when the child is enslaved or an unbeliever, in which case an impediment exists. Hence, if the child is emancipated or embraces Islam during his father’s lifetime (5), he inherits from him. [Likewise, if a protected non-Muslim wife (6) embraces Islam during her husband’s lifetime, she inherits from him by the consensus of the Muslims, [unlike a woman in a temporary marriage] (7), for her marriage itself does not constitute a cause of inheritance, and mutual inheritance can never arise from it. Thus, this marriage is analogous to the case of a child of adultery born into a husband’s marital bed (8): such a child is never attributed to the adulterer and therefore is not his son with a right to inherit.

If it is objected that some of the legal consequences of lineage may apply without others (9), and the same may therefore be true of marriage, the response is that this is disputed, and the majority (10) concede it; but this provides no proof