Is the legatee permitted to take the slave outside the city?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The legatee has the right to take the slave outside the city. This is because the legatee is the owner of the benefit derived from the slave, which grants them the right to move the slave, similar to a lessee.
Supporting text
The companions of Abu Hanifa restrict this, stating that the legatee may only take the slave out if the slave's family is located outside the city, in which case the slave may be moved to join their family. Abu Thawr agrees with the permissibility of taking the slave out of the city.