Is a bequest (Wasiyyah) for a male slave valid?
General Chapter
Al-Mughni
Book of Bequests
Primary text
A bequest by a man concerning a slave is valid, and a slave must be purchased for the beneficiary, regardless of which specific slave it is. If the testator owned slaves, the heirs may give whichever slave they wish, and no drawing of lots (qur'ah) is required because the testator did not specify the slave as belonging to himself or as one of a limited, counted number. The beneficiary is only entitled to the least that could be described as a slave, analogous to a situation where the testator confessed ownership of a slave to someone. The Caliph stated that the heirs may give him either a male or a female slave.
Supporting text
The correct view holds that only a male slave is due. This is based on the distinction made by Allah between male slaves ('ibadukum) and female slaves ('ima'ikum) in the verse, "And marry the unmarried among you and the righteous among your male slaves and your female slaves" (Quran 24:32). The conjoined term differs in appearance from the term to which it is joined. Furthermore, by custom, the unqualified term 'slave' implies a male. If one were authorized to purchase a slave, purchasing a female slave would not be permissible; thus, the bequest is restricted only to a male.