How is the inheritance and manumission handled when a sick person with no wealth or heirs gifts three sisters, according to Abu Hanifa?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the sisters were gifted or purchased when the sick person had no wealth or heirs, they are freed. Each sister related through both parents and the sister related through the father compensates the sister related through the mother for half her value. They do not inherit because if they did, they would collectively inherit five-ninths of the value of the slaves, leaving compensation due. Since compensation remains due, they do not inherit, and the situation defaults to their being a bequest. However, the sister related through both parents inherits and is fully freed because her share (three-fifths of the value) exceeds her allotted bequest value, thus voiding the bequest.
Supporting text
Abu Yusuf and Muhammad rule that the sister related through the father and the sister related through the mother must compensate the sister related through both parents for two-fifths of her value, as each is entitled to inherit three-fifths of the slave's value.