How is a bequest specifying freedom ('Tadbir') for a slave ruled upon if conditions differ?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a testator frees one slave absolutely ('You are free after my death') and another slave conditionally ('You are free if I die from this illness'), and the testator dies during that illness, both slaves are treated equally regarding freedom (Tadbir). However, if the testator recovers from that specific illness, the conditional freeing of the second slave is nullified, while the absolute freeing of the first remains valid.