Determining which of three slaves, of equal value, should be sold to settle a debt equal to the value of one slave, when one slave also earned a gain equal to his value.

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a man frees three slaves of equal value, and he owes a debt equal to the value of one slave, and one slave has earned a gain equal to his own value, an initial lottery (qur'ah) must be cast among the three slaves to determine which one will be used to settle the debt. If the lottery falls upon a slave who did not generate the gain, that slave is sold to cover the debt. Subsequently, a second lottery is cast between the slave who generated the gain and the remaining slave regarding emancipation (freedom). If the second lottery falls upon the slave who did not generate the gain, both that slave and the slave who generated the gain are fully emancipated. The estate of the slave who generated the gain, along with the other slave and his remaining value, belongs to the heirs. If the second lottery falls upon the slave who generated the gain, three-quarters of him and three-quarters of his earnings are emancipated. The remaining quarter of him and his earnings, along with the second slave, belong to the heirs, similar to the ruling when the master possesses wealth equal to the value of his debt.

Supporting text

If the initial lottery for the debt falls upon the slave who generated the gain, half of the debt is settled using half of his value and half of his earnings. Then, a lottery is cast between the remaining value of this slave and the other two slaves regarding emancipation. If the lottery for freedom falls upon one of the other two slaves, that slave is fully emancipated, and the heirs receive what remains of the indebted slave's estate. If it falls upon the slave who generated the gain, the remaining portion of him is emancipated, and the remaining portion of his earnings is taken. Then, a final lottery is cast between the two remaining slaves to complete the emancipation of one-third. The one upon whom this final lottery falls has one-third of him emancipated, and the remaining two-thirds belong to the heirs, along with the other slave.