What happens if a testator bequeaths 'a slave from my slaves' but owns no slaves at the time of bequest?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a testator states, 'I bequeath to you a slave from my slaves,' but has no slaves at the time of making the bequest, the bequest is generally invalid because it was initially a bequest of nothing, similar to bequeathing money from an empty purse. If he acquires slaves later, the validity is debated: one view holds it remains invalid because it was void initially, while another suggests it becomes valid, similar to bequeathing a debt he later acquires or bequeathing a third of his slaves and later acquiring more.
Supporting text
A related narration concerning a man ordering in his illness, 'Give such-and-such one hundred dirhams from my purse,' where the purse was empty, suggests that the hundred dirhams should be given from elsewhere because the intent was to give one hundred dirhams, and the location (the purse) was a mistaken assumption. By analogy, if the testator had no slaves, a slave should be purchased from his estate and given to the legatee.