Is the emancipation of a purchased father valid if the purchase itself is legally considered a bequest?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the purchase of the father is deemed a bequest, the father is not emancipated based on that purchase, because the disposition of the sick person is restricted to one-third of the estate, and the preceding donation consumed that portion.

Supporting text

If the father gifts the son a right to emancipate or if the son inherits the means to emancipate, the emancipation takes effect because a gift or inheritance is not considered a bequest subject to the one-third limitation.