Legal ruling when a person bequeaths the 'neck' (*Raqabah*) of his slave.
General Chapter
Al-Mughni
Book of Bequests
Primary text
Bequeathing the 'neck' of the slave constitutes *Tadbir* (a declaration that the slave is manumitted upon the master's death) and the slave is manumitted if the bequest value is covered by the one-third limit. This is the view held by Malik and the *Ashab al-Ra'y*. The legal basis is that the testator bequeathed something he does not perpetually own, which is valid, analogous to bequeathing one's father. The intent behind bequeathing the neck is understood as manumission after death, as the testator knows he does not permanently own the neck.
Supporting text
Abu Thawr states the bequest is void because the master does not perpetually own the neck. If the bequest is for only a portion of the neck, it is *Tadbir* for that portion. There are two narrations regarding whether the entire slave is manumitted if the *Thuluth* covers the value of a portion, a matter discussed in the chapter on manumission.