What happens to the specified bequest price if the slave designated for manumission is sold for less than the bequeathed amount?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the slave designated for manumission is purchased for a price less than the stipulated five hundred dirhams, the remaining amount reverts to the heirs. This is because the instruction was to purchase him for five hundred dirhams, meaning any surplus from that designated amount returns to the estate, analogous to appointing an agent to purchase something during the testator's life. The primary purpose was manumission, which has been achieved.
Supporting text
Al-Thawri holds that the entire sum should be given to the slave's master, as the intent was to benefit him with the price and show kindness through that price, akin to saying, 'Sell my slave for five hundred dirhams' when his value is higher. Ishaq suggests the remainder of the price should be used for the act of manumission itself, similar to a bequest for Hajj where surplus funds are applied to the Hajj itself. However, the primary difference is that in this case, the intent is manumission for a specific individual, not an open-ended service like Hajj.