Is a bequest to sell a slave to a specific named man for a known price valid?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 3 · Bab 1

Open in Qurani

Primary text

The slave must be sold for that specified price, as the testator generally intended to confer a benefit upon the slave through this arrangement.

Supporting text

If the price is not named, the slave is sold for their market value, and the bequest remains valid. This is because the intent was to transfer the slave to that specific person, which could be for the benefit of the slave through transfer to someone known for good ownership or emancipation, or for the benefit of the buyer through a benefit derived from the slave. If the sale to that specific person becomes impossible, or if the person refuses to buy at the named price or market value (if the price was not named), the bequest is void.