سَأَلْتُهُ عَنْ رَجُلٍ مَاتَ وَ تَرَكَ مَالًا كَثِيراً وَ تَرَكَ أُمّاً مَمْلُوكَةً وَ أُخْتاً مَمْلُوكَةً قَالَ تُشْتَرَيَانِ مِنْ مَالِ الْمَيِّتِ ثُمَّ تُعْتَقَانِ وَ تُوَرَّثَانِ قُلْتُ أَ رَأَيْتَ إِنْ أَبَى أَهْلُ الْجَارِيَةِ كَيْفَ يُصْنَعُ قَالَ لَيْسَ لَهُمْ ذَلِكَ وَ يُقَوَّمَانِ قِيمَةَ عَدْلٍ ثُمَّ يُعْطَى مَا لَهُمْ عَلَى قَدْرِ الْقِيمَةِ قُلْتُ أَ رَأَيْتَ لَوْ أَنَّهُمَا اشْتُرِيَا ثُمَّ أُعْتِقَا ثُمَّ وَرِثَاهُ مِنْ بَعْدُ مَنْ كَانَ يَرِثُهُمَا قَالَ يَرِثُهُمَا مَوَالِي ابْنِهِمَا لِأَنَّهُمَا اشْتُرِيَا مِنْ مَالِ الِابْنِ .
Translation
Ali Bin Ibrahim, from his father, from Muhammad Bin Ja’far, from Abdullah Bin Talha, (It has been narrated) from Abu Abdullah<sup>asws</sup>, said, ‘I asked him<sup>asws</sup> about a man who died and left a lot of wealth, and left a mother who was a slave, and a sister who was a slave. He<sup>asws</sup> said: ‘They should be bought from the wealth of the deceased, and they would both inherit (the remainder)’. I said, ‘What is your<sup>asws</sup> view if the people (owner) of the slaves refuse, how should it be dealt with?’ He<sup>asws</sup> said: ‘That is not for them (to refuse), and they would both be evaluated with a just price, then they (masters) would be given what is for them in accordance with the price’. I said, ‘What is your<sup>asws</sup> view if they are both bought, then emancipated (liberated), then inherit him, who would be the ones who would be inheriting the two of them afterwards?’ He<sup>asws</sup> said: ‘They would both be inherited by the guardians of their son (the deceased) because they had both been bought from the wealth of the son’.
Compiled by Shaykh Muhammad ibn Ya'qub al-Kulayni
Source
License: Free for educational and research use (Thaqalayn Data API)
Provided for research and educational purposes. Original source: Thaqalayn Project. Open License.