When does the entire bequeathed sum for purchasing a slave revert to the heirs if the purchase cannot be completed?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the purchase of the slave becomes impossible, either because the master refuses to sell, refuses to sell for the specified price, the slave dies, or the one-third allowance is insufficient for the price, the entire specified amount reverts to the heirs. This occurs because the bequest is voided due to the impossibility of its execution, resembling a case where the legatee dies before the testator or after him but leaves no heirs. The heirs are not obligated to purchase another slave because the bequest was specifically for an identified individual and cannot be redirected.
Supporting text
If there is evidence suggesting the testator intended to favor the seller (e.g., the seller is a friend, in need, or the specified price is known to be far above market value), then the entire sum must be given to the legatee (the person receiving the benefit of the purchase), even if the slave could be bought for less, as this indicates explicit intent to grant that specific sum.