Bequeathing to emancipate a slave girl who later bears him a child
Q: I was a bondmaid of the late Sulayman ibn `Ubayd Al-Rashid.
He had bequeathed to free me with one-third of his wealth before I gave birth to his baby. The bequest remained without any change after begetting his child while he was still alive.
My son was five years old at the time of the death of his father, who died seventeen years ago. The will is still as it is. I hope Your Eminence will clarify the Shari`ah ruling regarding my insistence upon implementing the will in which the deceased stated to free me from one-third of his wealth. Am I not entitled to the will since I became free after his death and after begetting his son? Does a bondmaid have an equal right to inherit her master after his death and after becoming a mother to his child, like the rest of his free wives?
If the case is as you have mentioned,
you have no right to the said will, for the will is not to be implemented save after his death, and you have become free by his death, for you are the mother of his son. (Part No. 16; Page No. 327)
You are not his wife, but a bondmaid who became free after his death, due to becoming the mother of his son. Therefore, you have no right to the inheritance. May Allah grant us success. May peace and blessings be upon our Prophet, his family and Companions.