Chapter on Bequests for the Mukatab and Umm Al-Walad

"The Commander of the Faithful (as), peace be upon him, ruled concerning a contracted slave (mukatab) who was married to a free woman. She made a bequest for him at the time of her death. Imam (as) said: 'The people entitled to inheritance cannot have her will executed for him because he is a mukatab who has not been freed.' Then Imam (as), peace be upon him, ruled that he would inherit in proportion to what had been freed of him and that the will for him would be valid in proportion to what had been freed of him." Imam (as) also ruled regarding a mukatab for whom a will had been made, and he had paid half of what was due upon him, that half of the will was valid for him. Imam (as) also ruled regarding a mukatab who had paid a quarter of what was due upon him and for whom a will had been made, that a quarter of the will was valid for him. Imam (as) said about a man who made a will for his female mukatabah and she had paid one-sixth of what was due upon her, that the will was valid for her in proportion to what had been freed of her.

I asked Abu Abdullah (as), about a man who had a slave woman with whom he had a son. When death approached him, he bequeathed for her two thousand dirhams or more and instructed his heirs to enslave her. Imam (as) said: "No, rather she should be freed from one-third of the deceased's estate and given what he had bequeathed for her."

I copied from a book in the handwriting of Abu Al-Hasan (as): "A certain person, your master, passed away, leaving behind a paternal nephew who also passed away. The nephew left behind an umm walad (a concubine who bore him no children) and bequeathed to her a thousand dirhams. Does the bequest hold validity, and does she receive emancipation? What is her status? May I be your ransom, I seek your opinion on this matter." Imam (as) wrote back: "She is to be freed from one-third (of the estate), and she has the bequest."