What is the consequence of heirs approving a posthumous manumission (manumission via bequest) concerning the freedman's guardianship (Wala')?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a person is freed by bequest or during his final illness when he had no other wealth, and the heirs approve the bequest, the manumission is effective for one-third of his estate. The remaining manumission is contingent upon the heirs' approval. If they approve, the entire manumission is enforced, and the remaining paternal relatives (asabat) exclusively inherit the freedman's guardianship (Wala').
Supporting text
If the disposition (bequest/gift) before the heirs' approval is deemed void and the approval is treated as a fresh gift, then the paternal relatives inherit one-third of the Wala', and the remaining two-thirds are distributed among all heirs according to their respective inheritance shares, as they are the ones who initiated the manumission.