Is a bequest made to another person's slave valid?
General Chapter
Al-Mughni
Book of Bequests
Primary text
A bequest made to another person's slave is valid. The acceptance of the bequest pertains to the slave because the contract is attributed to him, similar to a gift. Once the slave accepts, the bequest is established for his master because it constitutes the slave's earnings, and the slave's earnings belong to the master. The acceptance does not require the master's permission because it is an acquisition (kasb), which is valid without the master's permission, akin to gathering firewood. This is the position of the people of Iraq and Al-Shafi'i.
Supporting text
Some scholars among the companions of Al-Shafi'i hold an alternate view that the acceptance requires the master's permission because it is an act of disposition by the slave, similar to his buying or selling.