What is the legal status of freeing a non-heir relative during a terminal illness?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a sick person possesses someone who is not among those they cannot legally free (like a paternal cousin), and frees them during their illness, this emancipation is considered a valid bequest limited to one-third (Thuluth) of the estate. This is established by the precedent where the Prophet (peace be upon him) drew lots among the slaves freed by their owner upon death when the owner had no other property, thus validating their emancipation from the one-third limit. Consequently, the freed person must be accounted for within the one-third. If their emancipation is covered by the one-third, they are freed but do not inherit. This ruling is supported by Abu Al-Khattab regarding a sick person who acknowledged freeing his cousin during his illness, even if the release occurred during health; he is freed but does not inherit.

Supporting text

If the emancipation cost exceeds the one-third limit, only the portion covered by the one-third takes effect, and the person does not inherit, according to the first opinion. However, according to Al-Qadi's view, the freed person should inherit in proportion to the degree of freedom achieved, similar to cases involving partial emancipation.