Is a bequest for the manumission (freeing) of a slave binding upon the heirs?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The heir is obligated to free the slave if the deceased willed for it. If the heir refuses, the judge is to compel him, as this is a mandatory right upon him, similar to enforcing a bequest of a gift. If the heir or the judge frees the slave, the slave becomes free from the moment of manumission. The mastership (Wala') of the freed slave belongs to the testator because he was the cause of the manumission, and the executor is acting as his representative, which is why they are compelled to execute the manumission forcefully.
Supporting text
If the bequest for manumission designates a person other than the heir to carry it out, the execution of manumission belongs to that designated person, as he is the testator's representative in freeing the slave. No one else possesses this authority if the designated person does not refuse, similar to an agent acting on behalf of a living person.