What is the legal status of freeing a slave who is a relative of the inheritors, if done during the illness preceding death?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a person frees a slave who is related to his heirs (such as paternal cousins), this emancipation during the terminal illness is judged as a bequest (wasiyya). The ruling regarding their manumission is the same as that for non-relatives. If the value of the emancipation falls within one-third of the estate, they are fully freed. If it exceeds one-third, they are freed only to the extent of the one-third share of the estate. It is appropriate that they should be freed but not inherit, because if they were to inherit, the manumission would become a bequest to an heir, which invalidates the emancipation. Furthermore, their inheritance would also become void.
Supporting text
Abu al-Khattab stated concerning a man who owned his cousin and then acknowledged during his illness that he had freed him during his health, that the emancipation is valid, but he does not inherit. This situation is analogous because an acknowledgement made by a sick person to an heir is not accepted; therefore, the inheritance is prevented so that the acknowledgement of emancipation can be accepted.