Is a bequest stating 'My slave shall serve so-and-so for a year, then he is free' valid?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

The bequest stipulating service for a fixed term followed by manumission is valid. If the legatee (the one receiving the benefit of service) states 'I do not accept the bequest' or states 'I have gifted the service to him,' the slave does not become free immediately. This position is held by Al-Shafi'i. The basis for this is that the manumission was decreed to occur only after the completion of the year, thus it cannot take effect before that period, similar to the case where the bequest itself is rejected.

Supporting text

Imam Malik holds that if the legatee gifts the service to the slave, the slave is freed immediately.