What are the differing views among Al-Shafi'i's school regarding a sick person purchasing someone they must free?
General Chapter
Al-Mughni
Book of Bequests
Primary text
Some Al-Shafi'i followers hold that if the value is covered by the third, the person is freed, and inheritance occurs, as the manumission is not a bequest. Others argue that the person is freed, but the sick person does not inherit, because inheritance would render the manumission a bequest to an heir, invalidating both the bequest and the inheritance, making invalidating the inheritance the preferable outcome.
Supporting text
Another view within Al-Shafi'i's school suggests the purchase itself is void because the price paid acts as a bequest, which requires being covered by the third or ratified by the heirs; a sale cannot be suspended or conditional in this manner.